LaValle Votes Against Cuomo's Conversion Therapy Ban

SUFFOLK COUNTY, NY — New York State Sen. Ken LaValle was one of only four senators who voted "no" against New York State Governor Andrew Cuomo's ban on conversion therapy — and he explained his vote to Patch on Monday.

On Friday, Cuomo signed into law the Gender Expression Non-Discrimination Act and legislation banning the practice of conversion therapy, legislation Cuomo had vowed to sign within the first 100 days of the legislative session.

"As the most progressive state in the nation and as the home of the modern LGBTQ rights movement, New York has always been on the front lines fighting for full protections for every individual," Cuomo said. "By signing into law GENDA and a ban on the fraudulent practice of conversion therapy, we are taking another giant step forward in advancing equal justice for every New Yorker — regardless of their gender identity or sexual orientation. We are once again sending a clear and proud message that there is no place for hate in our state, and anyone who engages in bigotry and discrimination will be held accountable."

In a statement to Patch, LaValle explained his "nay" vote: “While I am personally opposed to conversion therapy, I believe the senate legislation that we were asked to vote on concerning conversion therapy can have negative ramifications on the existing professional misconduct system. The bill would deviate from the current method where professional state boards review standards to determine whether there are improper practices being employed."

LaValle added: "Current medical misconduct procedures require expert review of practitioner cases scrutinized against existing and current medical standards. If required, charges are brought and hearings are conducted using expert witnesses applying those standards. This bill, in contravention to that process, declares the conversion therapy practices on youths to be misconduct, thus removing that expert analysis."

LaValle said the use of conversion therapy has been denounced by professional societies who do not recommend its use.

"And while I agree with their conclusion, I have reservations about the legislature intervening in a medical disciplinary process that has served the public for many years," he said.

LaValle holds the 1st Senate District seat, which comprises the five East End towns of Long Island and the eastern half of the Town of Brookhaven.

On the East End, acclaimed author Steven Gaines spoke out about LaValle's vote. In a 2016 interview with Patch, Gaines, who is gay discussed a psychiatrist who spent years trying to "cure" him.

"He told me that he could cure me, that I didn't have to be sick," Gaines said. "I didn't want to live my life like that, I wanted to die. He wasn't on a witch hunt. He was trying to help me. I was miserable."

Speaking out against the political climate in 2016, Gaines said, "A plank in the Republican party's platform is that parents should be able to give their children reparative therapy — that's an outrage."

Of conversion therapy, he said: "It's like saying you can waterboard your children," Gaines said. "Everyone thinks the world's so changed. It's not changed at all."

This week, Gaines spoke to Patch about LaValle's vote: "It's impossible to change anyone's sexual orientation. Conversion therapy is literally a form of torture. LaValle is not only being ignorant, he's being cruel. He should be ashamed of himself."

Others applauded Cuomo's legislation.

"No person should face discrimination or violence because of their gender identity, especially in the state that is the birthplace of the LGBTQ rights movement," said Lieutenant Governor Kathy Hochul. "The Gender Expression Non-Discrimination Act will finally provide protections within our laws to secure equal rights for transgender, gender nonconforming, and non-binary New Yorkers. We proudly celebrate our diversity that makes us the Empire State. With GENDA and legislation banning conversion therapy now state law, we are one step closer to ensuring justice and equality for all."

The passage of GENDA prohibits employers, educational institutions, landlords, creditors, and others from discriminating against individuals on the basis of gender identity or expression, and make offenses committed on the basis of gender identity or expression hate crimes under New York State law.

In 2015, Cuomo enacted regulations that protected all transgender individuals under the State's Human Rights Law; the legislation, he said, sends a message to private employers, housing providers, businesses, creditors and others that discrimination against transgender individuals is unlawful and those who do not follow the law will be held accountable in New York State.

According to Cuomo, mental health professionals have long recognized that therapies intended to change one's sexual orientation pose a health risk to the individual.

Last week's signed legislation bans the practice of conversion therapy by expanding the definition of professional misconduct for professions licensed under the education law to include engaging in conversion therapy with a patient under 18.

Back in 2016, Cuomo unveiled regulations to ban conversion therapy on minors. Cuomo has long championed LGBTQ rights and, in 2011, the Governor passed the historic Marriage Equality Act.

Most recently, Cuomo said, in anticipation of the potential rollback of critical Affordable Care Act provisions, he directed the Department of Health to issue regulations prohibiting health care providers from discriminating against transgender patients, and directed the Department of Financial Services to issue regulations expanding anti-discrimination protections for transgender individuals when accessing health insurance.

The directives, Cuomo said, were in direct response to the Trump administration's proposal to repeal a federal regulation that clarifies that the Affordable Care Act's non-discrimination protections based on sex include protections based on gender identity. And, in direct response to the federal government's rollbacks on federal protections for transgender students in 2017, the Governor directed the State Education Department to issue a directive to school districts reinforcing the protections from discrimination and harassment afforded to transgender students, according to state law.

Patch file photo.