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quarta-feira, 15 de maio de 2013

Take Back Your Kids: How to Teach and Get Respect - by William J. Doherty

In CERC 

We are facing an epidemic of insecure parenting. We may now have the most child-sensitive generation of parents the world has ever known and — the most confused and insecure.
 
This generation has determined not to repeat the mistakes of its own parents, who expected unquestioning obedience. But in rejecting outmoded models of authority, parents are now skittish about exercising any authority at all. 
  Children raised with insecure parents grow up too soon, become preoccupied with consumer goods and peer acceptance, and focus their lives on frenetic activity outside the home.  They know that their parents love them deeply and want to communicate sensitively with them, but they also know that their parents are unsure about what to require of them and how to say "no" to them.

A family now in therapy has a 10-year-old boy, who is an angel in school, but who has started to call his mother a "bitch" at home.  Rather than exercising legitimate authority, his mother responds by feeling sorry that her son is so distraught.  (An appropriate exercise of parental authority: "You may not speak to me like that EVER, not even when you are angry.  Go to your room and come back when you have a letter of apology.")

Another example: Our local newspaper has been running a series on alcohol and teens.  Kids in earlier generations drank alcohol, often to excess.  The difference now, as documented in the newspaper articles, is that parents supply the keg of beer, the house or hotel room, and the funds to enjoy a Mexican frolic of booze and sex during spring break. Most parents who were interviewed were reluctant to let their children go on a Mexican spring break this year, but were unable to say "no," particularly when most of the other kids announced they were going.


The Consumer Culture of Childhood


In the new culture of childhood, children are viewed as consumers of parental services, and parents are viewed as providers of parental services and brokers of community services for children.  What gets lost is the other side of the human equation: children bearing responsibilities to their families and communities.

Children should not only receive from adults but also actively contribute to the world around them, help care for the younger and the infirm, add their own marks to the quality of family life, and contribute to the common good in their school and communities.  If children live only as consumers of parental and community services, then they are not active citizens of families and communities.

If we see ourselves only as providers of services to our children, we end up confused about our authority, anxious about displeasing our children, insecure about whether we are providing enough opportunities, and worried that we are not keeping up with the output of other parents.  In a market economy, the service provider must offer what is newest and best, and at all costs, must avoid disappointing the customer.
When applied to the family, this is a recipe for insecure parents and entitled kids.  (One 17-year-old said to his parents, "Why should I mow the lawn?  It's not my lawn.")


The Therapeutic Culture of Parenting

How to Expect and Get Respect
  1. Respect Your Child. Let your children express their own opinions, tastes, and values — if they do so respectfully.
  2. Expect respect. Respect should be an expectation in your family because without it, little else will go well. Use terms such as "respect," "disrespect," "polite," and "rude" to develop a common language of respect.
  3. Explain your new policy on respect to your children. If they've been previously allowed to get away with disrespect, many children are unaware that they are being disrespectful. Meet with your kids at a quiet time to explain your new policy.
  4. Tune your ears to the sound of respect and disrespect. Sometimes parents fail to recognize the sound of their child's disrespect because they may be focusing too much on the content of what is said (interruptions, accusations, name-calling) and not listening to the child's tone of voice. A raised voice is not necessarily a sign of disrespect, but attacking, intrusive, sarcastic, and mean words and tone are.
  5. Nip disrespectful behavior in the bud. Respond immediately by saying sharply: "That was disrespectful."
  6. Use a special tone of voice in response to disrespect that communicates to your child, "You're in dangerous territory — back off immediately."
  7. Use time-outs for non-cooperation when the child will not stop the disrespectful behavior. After pointing out the disrespectful behavior in a firm voice, if your child continues, give a warning that a time-out will be enforced if they don't stop. If that doesn't work, enforce the time-out. Don't allow a nasty conversation to continue. With a teen, you may want to walk away from the conversation rather than try to enforce a time-out against physical opposition. The key is to pronounce the behavior as disrespectful and end the conversation rather than letting it escalate.
  8. Be firm but keep your cool. Confident parenting is almost always calm, clear, focused, and assertive in times of conflict.
  9. Combine zero tolerance with a long-term view. Challenge every disrespectful behavior–without exception — because that's the only way your child will understand your expectations and the meaning of the behavior you want to extinguish. Don't expect an immediate cessation of rudeness, but a steady decrease towards zero.
  10. If the problem is chronic and these strategies don't work, consider seeking family therapy to focus on your parenting skills. If you and your spouse or co-parent can't agree on a parenting style, consider getting professional help.


We also live in the era of therapeutic parenting.  The parent becomes a junior therapist, and the child is seen as requiring special treatment that only a professional — or a trained parent — can provide.  Starting back in the 1970s with Parent Effectiveness Training, a then popular book by Thomas Gordon, parents have been taught to act like therapists with their children.

A therapist is supposed to be consistently attentive, low key, accepting, non-directive, and non-judgmental.  When the child acts up in a therapy session, say, by speaking disrespectfully to the therapist, the therapist's job is to explore the underlying reasons rather than focus on the child's immediate behavior.  In addition to distorting parents' reactions to their children's misconduct, the therapeutic culture of parenting suggests that children's psyches are fragile, easily broken by a parent who says the wrong thing.
The reality, according to loads of research, is that, if underlying parental care and attachment are present, most children are resilient in the face of ordinary mistakes in parenting.  If children can handle most of our non-abusive mistakes, they can certainly handle our strong responses to them when these responses are fully called for.  Children mostly know when they are off base, and feel safer when their parents step in assertively.
We know from research and observation that parents have a strong influence on their teenagers' behavior.  Teenagers whose parents talk to them regularly about avoiding drugs are much less likely to use drugs.  Teenagers whose parents give them both nurturing and firm limits are less likely to be involved in sexual activity.  They are also more likely to study hard.


How to Teach Teens Respect


We can restore parents' confidence in their authority without returning to authoritarian parenting.  There is a middle way between being dictatorial and insensitive on the one hand, and cajoling and debating with children on the other hand. 

A personal example: When my son Eric was 13, we had a brief but memorable encounter in the kitchen.  I was on the telephone with a friend in the early evening.  Unbeknownst to me, Eric wanted to make a phone call to one of his friends.  When I hung up the phone, Eric said to me, in an irritated, peremptory tone of voice, "Who was that?"
How do you think I should have responded?  Consider several possible responses I could have made, and then I'll tell you what I actually said.

Response 1:   (delivered in a mildly defensive tone): "I was on the phone with Mac.  I didn't know you wanted to use the phone."

The problem with this response is that it accepts the child's right to grill the parent about adult activities.  The key is not the question itself, but the disrespectful demand. 

Response 2:   (delivered with a mild reprimand): "I didn't know you were waiting to use the phone.  You should let me know.  How am I supposed to know?"
This might be an appropriate response to a spouse or another adult peer who has equal rights to the telephone and is therefore free to express annoyance if you are clogging its use.  Said to Eric, however, it would have accepted his implied claim of peer status, like a sibling he competes with for use of the shower or TV.

Response 3:   (delivered with a stern reprimand): "Who do you want to call anyway?  You are on the phone far too much.  You should be doing your homework."

This counterattack appears strong but misses the main point: The problem of the moment is not Eric's phone use but his disrespectful question.  To simply assert parental authority over his phone use would make him resentful and would not teach him about this disrespectful action or forestall his next.

I've made my share of mistakes as a parent, but somewhere I learned to have an instant awareness when one of my children is talking disrespectfully to me — and to make that the point of my response.  So here's what I said, making eye contact and speaking firmly:
You don't get to ask me that question, and particularly in that tone of voice.
The discussion was over.  Eric absorbed my comment and then went to the other room to make his phone call.  I did not name the person I was on the phone with.  I did not defend myself.  I did not counterattack.  I did not make Eric defend his question.  I did not punish him.
 
What I did was to directly defend and assert my right to respect as a parent.  And I did not feel angry at him during the rest of the evening.  During the subsequent years ahead we had the normal parent-adolescent hassles, but he never spoke disrespectfully to me again.
If I had taken a different path that evening, one that would lead to similar encounters in the future, my son's adolescence and our family life might have been much different.


Teaching Respect to Young Children


Four-year-old Jason developed the annoying habit of demanding his food.  At dinner, he would shout, "Pour me milk!" or "Give me more French fries!"

It's not as if Jason had an impulse control disorder.  He was a model of appropriate behavior in preschool where the standards for politeness were clear and consistently enforced.
How did Jason's parents respond to his demanding behavior?  Often they tried to shut him up by immediately fetching what he demanded.  Other times they got irritated with him and told him to ask nicely — but they still fetched his food without making him ask politely.  Psychologists describe this as reinforcing the child's behavior.

Parents whose children treat them disrespectfully will eventually start to fear and resent their children.  Parents will start withdrawing emotionally, or become punitive.  They will have explosions of anger they feel bad about later.  Or they will become sarcastic and passive-aggressive.

How did Jason's parents turn around his behavior at meals?  They firmly challenged him every time he asked for something rudely and waited for him to politely restate his request before giving him the item.  If he refused to ask politely, they withheld the food item and went about finishing the meal.  Jason eventually learned the meaning of "polite," and the incidence of demanding behavior at the table declined drastically.


Why Anger-Free Parenting Doesn't Work


To many parents, anger is one short step away from verbal and physical abuse of children.  But anger is a normal human emotion that signals "something's got to change here — right now." Without anger, parents are wishy-washy in the face of their children's willfulness.  Fear of showing anger to our children is at the heart of the impotence problem among many contemporary parents.

Recently I observed the following scenario: A boy (about 4) and his mother were walking on the beach.  The boy ran ahead.  He went under a fence and into a flower garden that was about 6 feet from a 30-foot drop to the railroad tracks below.

As she approached her son, I heard the mother say to him in a very mild tone, "Sweetie, I don't think it's a good idea for you to be back there."

The boy stood and waited for her to arrive.  Leaning over the fence, she put out her arm and said:
Jeffrey, come.  Please get out of there.  Those are flowers you are standing in, and you are too near the tracks.
Motionless and defiant, the boy just looked at her.  "Here, take my hand," she pleaded.  Still no movement.  It was clear that the child was enjoying this moment of stubborn victory.
As my wife and I continued our walk, I looked back for a while to see if there was any progress.  The mother was leaning as far as she could over the fence and begging her son to take her hand, while he stared at her.

Scenes such as this one point out the danger of anger-free parenting.  Trying to remain cool and rational in a situation of defiance and danger makes parents look foolish.


Problematic Advice From the "Experts"


No parenting expert would have supported the mother's pitiful pleading approach to this problem, but how would experts suggest she respond?

Thomas Gordon's Parent Effectiveness Training would tell the mother to calmly deliver an "I message" such as, "I get very scared when I see you standing there because it's dangerous."

The assumption is that your child will spontaneously decide to cooperate if you express your true feelings.
But what if your child, like the boy behind the fence, is enjoying seeing you afraid in demonstrating your lack of control over him?  Sharing your vulnerable feelings is not going to get the job done in that case.


The Consequences Approach


Another major school of parenting advice from the 1970s (written about extensively by Haim Ginott) would recommend a "consequences" approach.  You would give your son a choice: If he continues to stand there, he is choosing to accept a negative consequence you have promised.  You could tell him that there will be no more walks this week unless he cooperates.
Children mostly know when they are off base, and feel safer when their parents step in assertively.
Laying out consequences and waiting for the child to make a choice is a normal technique for effective parenting.  When your teenager won't do the dishes in a timely fashion, it's generally better to connect the chore with a consequence — say, no watching TV or talking on the phone that evening — and let the child choose to cooperate.  Continued non-cooperation means escalating consequences, until almost all kids will decide it's less hassle to do the dishes.

A limitation of the consequences approach to discipline, however, is that it is not powerful and immediate enough for some situations.  The defiant little boy in the flower bed required a stronger response than the mother laying out the consequences for his continuing to stand there.  In moments of willful confrontation, some children don't care about future consequences — they want things their way right now, thank you.  In these situations, discussing future consequences rather than rising to the occasion comes across as weak.

What most of the rational, anger-free parenting advice misses is the importance of occasional angry power assertions by a parent.  I say "occasional" because research has clearly pointed out that rigid, authoritarian parenting ("I'm the boss; be quiet and do what you're told") that doesn't explain the reasons for a directive or allow kids to express a point of view, is counter-productive because it tends to breed anxiety and rebellion.


Appropriate Power Assertion


What do I mean by appropriately angry power assertion?  In the case of the mother and her defiant boy, I would call him by name and say in a strong, loud voice:
"Jeffrey, get out of there right now!"
I would be moving towards him as I said these words.
If he did not immediately move back towards the fence, I would shout
"Come here!" as I arrived at the fence.
If he did not instantly move towards me, I would climb the fence and retrieve him physically.  Then I would get down face to face with him, and say:
I am FURIOUS with you.  First, you went under a fence and into the flowers — and you know better.  Second, you were near the railroad tracks — and you know better.  And third, you did not come back when I told you to.  You are in big trouble with me.
I would take him home, with no further discussion.
Later in the day, I would talk calmly with him about what happened on that walk, and what level of cooperation I wanted on walks in the future.  I would expect him to agree to cooperate better in the future.
The new parenting problem is "anger phobia."

There are psychological levels deeper than what I have described, levels that could be explored after the original power assertion is successful.  Perhaps the child's behavior, if it's unusual for him, reflects the stress of a recent family move.  Perhaps he is angry at his mother about something.  Perhaps he is testing his newly found 4-year-old independence.  On the other hand, if the behavior is chronic, then it also suggests a misalignment of authority between parent and child.

But whatever the deeper meaning of the boy's risky, defiant behavior, the parent must deal with the immediate situation.  If a child is stealing because of a troubled childhood, we must first stop the stealing; then we can talk about the underlying problem.

The new parenting problem is "anger phobia."  We end up with bland parents who refuse to ever show anger to their children.  They consequently lack authority and allow their children to walk over them.  In my experience as a therapist, however, I have found that such parents can take back their kids if they have a mind to.

Parenting Resources

20 Gifts of Life: Bringing Out the Best in Our Kids, Grandkids & Others We Care About by Hal Urban The Biggest Job We'll Ever Have: Character-Based Education & Parenting by Laura and Malcolm Gauld Boys Should Be Boys: 7 Secrets to Raising Healthy Sons by Meg Meeker, M.D. Character Building: A Guide for Parents & Teachers by David Isaacs Character Matters by Thomas Lickona Compass: A Handbook on Parent Leadership by James Stenson The Difficult Child by Stanley Turecki & Leslie Tonner Endangered: Your Child in a Hostile World by Johann Christoph Arnold The Family Virtues Guide by Linda K. Popov Help Me Be Good (series) by Joy Berry How to Talk So Kids Will Listen and Listen So Kids Will Talk by Adele Faber & Elaine Mazlish The Intentional Family by William Doherty MegaSkills: Building Our Children's Character and Achievement for School and Life by Dorothy Rich Negotiation Generation: Take Back Your Parental Authority Without Punishment by Lynne Reeves Griffin No More Misbehavin': 38 Difficult Behaviors and How to Stop Them by Michele Borba Parenting for Character: Equipping Your Child for Life by Andrew Mullins Parenting for Character: Five Experts, Five Practices David Streight, Editor Parenting for Good by Marvin Berkowitz Parents, Kid, & Character by Helen LeGette The Parents We Mean to Be by Richard Weissbourd Raising Good Children by Thomas Lickona Raising Respectful Children in a Disrespectful World by Jill Rigby Sex, Love, & You (for teens) by Tom & Judy Lickona and William Boudreau, M.D. Strong Fathers, Strong Daughters by Meg Meeker, M.D. You're Teaching My Child What? A Physician Exposes the Lies of Sex Ed and How They Harm Your Child by Miriam Grossman, M.D. The 6 Most Important Decisions You'll Ever Make (for teens) by Sean Covey The 7 Habits of Highly Effective Families by Stephen Covey
 

quinta-feira, 4 de abril de 2013

Human Rights Council Shelves Families to "Protect" Children - By Stefano Gennarini, J.D.

GENEVA, April 5 (C-FAM) The Human Rights Council set aside a resolution to protect the family as member states focused instead on a controversial resolution which could expose children to early sexualization and abortion, and would undermine the rights of parents.

Western nations did their best to make sure a resolution on "protection of the family" was not adopted at the session of the Council that concluded March 22. The resolution builds on recent resolutions that recognize the family as the natural and fundamental group unit of society. Read More

sexta-feira, 16 de novembro de 2012

The Real Comparison of Harm from Smoking vs. Possible Harm of Sexual-Orientation Change Efforts (SOCE) - by Thomas Coy, M.L.S.

In NARTH  

Governor Jerry Brown recently signed into law Senate Bill 1172, which makes it illegal in California for therapists to help a child or teen struggling with same-sex attractions attempt to change his or her sexual orientation. The sponsor of the bill, CA Senator Ted Lieu, has referred to sexual orientation change efforts with children as parents “hurting their kids.” He stated the purpose of SB 1172 is to protect children from harm in the same way that the state prohibits children from smoking and drinking alcohol.[1] Is it sexual orientation change efforts or male homosexual behavior that puts minors at arisk similar to smoking and drinking alcohol?

According to the Centers for Disease Control and Prevention (CDC) male-to-male sexual contact accounted for 61 percent of the new 48,079 HIV infections reported in 2010.[2] That amounted to 29,194 new HIV cases versus approximately 4550 HIV male cases reported from heterosexual contact.[3] When CDC statistics on HIV diagnoses in 2010 are put into a comparison ratio using the CDC estimate of the “men who have sex with men” (MSM) population at 4 percent of the American male population (2 percent of the total population)[4], the risk of HIV infection for MSM was approximately 150 times greater than for men who did not have sex with men.[5] In addition, the CDC stated that the rate of primary and secondary syphilis among MSM is “more than 46 times that of other men and more than 71 times that of women.”[6]

A search of the American Psychological Association website finds that cognitive-behavioral therapy sessions to help a person quit smoking have a success rate of 31 percent measured six months after the end of treatment.[7] Despite the low success rate, individual smokers request psychotherapy to quit smoking because smoking tobacco is a causative factor in many types of cancer, the most common being lung cancer. According to the CDC the risk of lung cancer for men who smoke is 23 times greater than for men who do not smoke. Those who smoke are also 2 to 4 times more likely to suffer coronary heart disease and 2 to 4 times more likely to suffer a stroke.[8]

The estimate of adult males who enter therapy with the purpose of changing their same-sex attractions and who do in fact experience this change with the help of trained therapists ranges from 25 to 35 percent. Another 30 to 35 percent benefit from reduced homosexual impulses and various levels of emotional healing (Socarides, 1995, pp. 149-50). A similar pattern of varied success has been reported with other psychotherapeutic efforts with homosexuals.

Dr. Nicholas Cummings, a former president of the American Psychological Association, stated that in his twenty years at Kaiser-Permanente Health Maintenance Organization 67 percent of the homosexuals who sought help from therapists for issues such as “the transient nature of relationships, disgust or guilt feelings about promiscuity, fear of disease, [and] a wish to have a traditional family” experienced various levels of success obtaining their goals. Similar to sexual- orientation change therapies, one third of Kaiser-Permanente’s homosexual clients did not benefit from psychotherapy. In some cases though, individuals who initiated therapy not seeking to change their sexual orientation, actually did so through the process of working though other psychological issues.[9]

Implications

First and foremost, adolescents with unwanted same-sex attractions should have access to therapists who are trained in sexual-orientation change. Client autonomy standards and the health crisis related to male homosexual behavior demands this. Therapists trained in sexual-orientation change do not force a heterosexual identity on any individual. At the very least a teen will get an opportunity to explore “how their childhood experiences may have shaped their attractions, and to hear a perspective that they probably have not heard elsewhere” (Nicolosi (2009), pp. 287-288). In contrast, gay-affirmative therapists typically devalue the clinical science on the causation of homosexuality along with the possibility of change Drescher, 1998, pp. 81, 153-154, 170, 180).

Second, parents should have every opportunity to guide their pre-adolescent children into a healthy heterosexual identity. Advancements in the care of same-sex attracted children have put the focus of therapy on the parents of the child (Nicolosi and Nicolosi, 2002, pp. 193-194). The therapist guides the parents in efforts to help their son bond with his father and identify with his masculinity. Clinical evidence shows that homosexual prevention family therapy has the potential for success in some instances.

Unfortunately, a lack of sociopolitical diversity in the mental-health associations, academia, the media and the government has created a bias against sexual-orientation change efforts.  This bias has kept advances in the understanding of and psychological care for unwanted same-sex attractions and behaviors out of the public’s awareness. It has underplayed the significant medical risks attributable to homosexual behavior, particularly among men. The statistics show that male homosexual behavior is a significantly greater health risk than smoking cigarettes.  Young men ages 13 to 29 years of age are at the greatest risk, accounting for a 34 percent increase in HIV infections from 2006 to 2009.

Parents have a responsibility to care for their children and lovingly guide them away from harm whenever possible. As the present analysis underscores, politicians and regulatory boards that ban access to professional efforts to modify unwanted same-sex attractions and behaviors among minors may well be unnecessarily sentencing some of them to serious medical risks.  It is tragically ironic that political efforts to prevent alleged harm to minors from sexual-orientation change efforts appear likely instead to increase their exposure to highly established harms such as HIV.

Bibliography

Drescher, J (1998), Psychoanalytic Therapy & The Gay Man. Hillsdale: The Analytic Press, Inc.

Nicolosi, J. J. (2009), Shame and Attachment Loss – The Practical Work of Reparative Therapy. Downers Grove: InterVarsity Press.

Nicolosi, J. J. & Nicolosi L. A. (2002), A Parent’s Guide to Preventing Homosexuality. Downers  Grove: InterVarsity Press.

Socarides, C. W. (1995), Homosexuality – A Freedom Too Far. Phoenix: Adam Margrave Books.


References

[1] Reyes, Kim (August 2, 2012). “Controversy follows effort to ban gay conversion therapy.” The Orange County Register. Retrieved from http://www.ocregister.com/news/therapy-365822-parents-orientation.html on October 11, 2012.

[2] Centers for Disease Control and Prevention (last modified March 12, 2012). “HIV Surveillance – Epidemiology of HIV Infection (through 2010).” PowerPoint presentation slide 4. Retrieved from http://www.cdc.gov/hiv/topics/surveillance/resources/slides/general/index.htm on June 7, 2012.

[3] Centers for Disease Control and Prevention (last modified March 12, 2012). “HIV Surveillance – Epidemiology of HIV Infection (through 2010).” PowerPoint presentation slides 5, and 8. Retrieved from http://www.cdc.gov/hiv/topics/surveillance/resources/slides/general/index.htm on June 7, 2012. The CDC did not explicitly give the number of diagnosed HIV infections for male heterosexuals linked to sexual contact with women. It did give the total number of male HIV diagnoses at 37,910 and state that the percentage of HIV infection from heterosexual contact was 12 percent, which yields an approximate figure of 4,550.

[4] Centers for Disease Control and Prevention (last modified March 4, 2012). “HIV in the United States: At A Glance.” Retrieved from http://www.cdc.gov/hiv/resources/factsheets/us.htm on October 12, 2012.

[5] The approximately 150 times greater risk factor can be calculated by using the 2010 U.S. census figure of 151.8 million males and using the CDC 4% of the male population figure for MSM (6.072 million) and assuming the other 96% are heterosexual (145.728 million). In 2010 29,194 HIV cases were transmitted by males having sex with males in the MSM population of 6.072 million. In 2010 approximately 4,550 HIV cases were transmitted by heterosexual contact to the heterosexual male population of 145.728 million. So in 2010 1 in every 208 MSM became newly HIV infected through male to male sexual contact and 1 in every 32,028 male heterosexuals became newly HIV infected through heterosexual contact. If the incidence ratio of MSM sexually transmitted HIV diagnoses 1/208 is divided by the incidence ratio of male heterosexually transmitted diagnoses1/32,028, the risk of getting HIV from sexual behavior was 154 times greater for MSM than for heterosexual males in 2010. Statistics regarding injection drug users were omitted in this comparison.

[6] Centers for Disease Control and Prevention (March 10, 2010). “CDC Analysis Provides New Look at Disproportionate Impact of HIV and Syphilis Among U.S. Gay and Bisexual Men.” Retrieved from http://www.cdc.gov/nchhstp/newsroom/msmpressrelease.html on May 29, 2012.

[7] Borrelli, Belinda (2010). “Quitting Smoking Especially Difficult for Select Groups.” American Psychological Association. Retrieved from http://www.apa.org/news/press/releases/2010/02/quitting-smoking.aspx on October 16, 2012.
[8] Centers for Disease Control and Prevention (last update January 10, 2012). “Smoking and Tobacco Use.” Retrieved from http://www.cdc.gov/tobacco/data_statistics/fact_sheets/health_effects/effects_cig_smoking/index.htm on May 23, 2012.

[9] Cummings, Nicholas (2005). “Former APA President Dr. Nicholas Cummings Describes his Work with SSA Clients.” National Association for the Research and Therapy of Homosexuality. Retrieved from http://narth.com/docs/cummings.html
on October 26, 2012.




sexta-feira, 12 de outubro de 2012

What happens when we redefine marriage? - by Peter Smith

In MercatorNet


Peter Smith considers where the same-sex marriage debate lies in Britain today. There are foreseen consequences of redefinition: the severe hindrance of the freedom of expression and the reasonable manifestation of religious belief, and a profound effect on the provision of fundamental public services.

Back in January I set out David Cameron’s proposals for creating same-sex marriage, which he announced at the British Conservative Party’s annual Conference in October 2011, alongside some arguments against those plans.

A year later, the controversy has moved on. There are now two parallel movements for same-sex marriage in the UK, a result of the devolution of powers to the Scottish Government. A consultation in Scotland ended in December 2011 and its results were snuck out shortly before Olympic fever dominated the Isles.

It is notable how divisive same-sex marriage has been north of Hadrian’s Wall: an ‘unprecedented’ 77,508 responses were received in the ‘largest consultation exercise of its type ever held in Scotland’. Over 33,000 responses were submitted via forms amended by organisations with an interest in the two core proposals of same-sex civil marriage and religious civil partnerships. Opponents of same-sex marriage pipped supporters 52:48, but more than two thirds opposed religious civil partnerships. Nonetheless, the Scottish Government intends on continuing to legalise both relationships, and the Catholic Church – numerically and financially the largest single supporter of traditional marriage – has since ceased dialogue with Edinburgh on the matter.

Down south, we are a step behind. The Home Office has also consulted on its plans to create such relationships in England and Wales, but they are effectively limited to same-sex marriages and not religious civil partnerships. After months of campaigning, two umbrella organisations broadly covered the diverse faiths, standpoints and interest groups in the opposing camps. In favour of same-sex marriage stands the Coalition for Equal Marriage, and its slick media campaign,Out4Marriage.org, which publishes clips of well-known proponents of gay marriage such as Boris Johnson and Hugh Grant ‘coming out’ in support of the move. Against liberalisation is the Coalition for Marriage, based out of the Christian Institute’s offices in Newcastle, which has mobilised tens of thousands of Christians to sign petitions and dominate the postbags of Members of Parliament.

The Home Office consultation ended in June, and the results are unlikely to be known this calendar year. It is safe to say that there have been a considerable number of responses from both sides (although, as in Scotland, many will be standard pro-forma that campaign groups have handed out and emailed to supporters). Polls favouring both positions have been published. If, following the publication of the consultation document, the Government in Westminster puts legislation before Parliament in the new year, it is likely to be passed by the second anniversary of Cameron’s speech in 2013. But will that legislation be tabled?

Opening Pandora’s box

The best hope for opponents of same-sex marriage in England is for the Government to conclude it is too difficult to pass coherent and stable legislation that creates such marriages in the narrow circumstances so far envisaged. Social conservatives should not be too hopeful that such sense will prevail: Nick Clegg, the Deputy Prime Minister, gave a glimpse of the liberal class’s mindset when his staff trailed a speech in which he described supporters of traditional marriage as “bigots” – a slur he was rapidly forced to retract.

As an example of the radical legal consequences of redefining marriage, the Coalition for Marriage has recently released a précis of a legal opinion by Aidan O’Neil QC, an expert in equality and discrimination law who practises from the same barristers’ chambers as Tony Blair’s wife, Cherie Booth. O’Neil was instructed to consider the implications for religious conscience and religious liberty arising from redefining marriage in England and Wales, and he considers the interplay between the Equality Act 2010 (including the Public Sector Equality Duty (PSEQ)), the European Convention on Human Rights, and case law on point. The PSEQ compels public authorities – including state schools, councils and the National Health Service – to “have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited...” when exercising their public functions. This includes the obligation to “tackle prejudice” and “promote understanding” between homosexual and heterosexual people.

It is a far-reaching obligation on an enormous range of bodies and organisations, and it reduces substantially the lawful opportunities for supporters of traditional marriage to explain – let alone mention – their views. The Coalition for Marriage asked O’Neil to consider some hypothetical situations where religiously-minded people could find themselves in difficulties – and potentially fired from their jobs. Here are elaborations of some of his examples (the précis contains more), which focus on practical positions that readers of MercatorNet might find themselves in, should the prohibition on same-sex marriage be removed. (For brevity, the precise legal reasoning is omitted. What follows is a characterisation of the legal positions, which are necessarily latent or untested propositions.)

The chaplain

A hospital chaplain is also a local Church of England vicar. Suppose he preaches, at a private wedding service in his church, that marriage is between only one man and one woman. If his hospital employers were to hear of this action, they could take into account his conduct outside of the workplace when determining whether the chaplain was acting in accordance with the requirements of his hospital work and the ethos of the hospital. This is true for any chaplain employed with the public sector (e.g. within a university or the Armed Forces) who, in all likelihood, would have a duty to accept only that marriage could be between two people of the same sex, and that any contrary restrictive view would lead to their lawful dismissal as this view would be ‘un-ethical’, ie, against the prevailing ethos.

The teacher

A teacher is told by her head that she must use in class a book recommended by the local council and a gay advocacy charity. This book is about a man who falls in love with a prince and marries him. If the teacher asked to opt out of using the book on the grounds of conscientious objection, she would be refusing to obey the otherwise lawful instructions of her employers, thus constituting grounds for her dismissal. Moreover, it would make no difference if the school was a faith school or any type of school with a religious ethos or none.

The child

A child says in a school assembly that he thinks marriage is only between a man and a woman, on religious grounds. The assembly theme is on marriage and same-sex marriage is discussed. The child is subsequently bullied but the school takes no action. Because the school is under a duty to teach about marriage, and because marriage would mean same-sex marriage, a school which taught marriage equality (same-sex and opposite-sex marriages are the same) would not be discriminating against the child’s religious views. Furthermore, the school is potentially under a duty to ensure that the curriculum it teaches is delivered in a way that discourages and even eliminates the attitudes held by its pupils that involve sexual orientation. This potentially implies that it may brook no dissent from the redefinition.

The parents

Concerned parents learn that their school is planning a gay and lesbian history month, including lessons on ‘the campaign for marriage equality’. The parents insist that they have the right to withdraw their child from these history lessons. In fact, even if the school were a faith school teaching a subject in a manner contrary to the orthodox teachings of that faith, the parents would be completely unable to withdraw their child from these lessons, and the European Convention would not facilitate it.

The foster couple

Couples who apply to become foster carers and, during the interview process, let it be known that they could not support same-sex marriage, could be barred by a local authority or council from continuing with their application. The local authority is under an obligation to investigate the views of potential foster parents, and to consider the extent to which those views might influence and affect the behaviour and treatment of a child in their care. As a public authority, the council is under an obligation to safeguard and promote the welfare of looked-after children and this could be construed to include the prevention of exposure to an environment that is potentially exclusive of same-sex marriage.

The crucial lesson of civil partnerships

It is worth noting again the analogy between same-sex marriage and civil partnerships in England and Wales. When the Civil Partnerships Act was winding its way through Parliament in 2003 and 2004, Tony Blair promised that no religions would be compelled to carry out partnerships. In fact, religious readings, music or symbols were prohibited from the partnership ceremony. However, with only cursory scrutiny by Parliament, this ban was lifted in December 2011. This substantial change in civil partnership policy demonstrates that religious leaders should be very wary of accepting any ‘red line’ promises from ministers (even the Prime Minister) as a way of ameliorating opposition to the current proposals.

In the current proposals, there will be a blanket ban on religious ceremonies in England and Wales. This is effectively a religious exemption and means thatchurches and ministers cannot host or celebrate same-sex marriages. However, the O’Neill opinion suggests there is would be a strong case that a blanket ban would be overturned by European human rights law. The material provision is Article 12 of the European Convention, which establishes a right for two individuals to marry: “men and women of marriageable age have the right to marry and found a family...”

O’Neil raises the spectre of a fundamental reinterpretation of this Article, from the right of one man and one woman to marry, to same-sex couples, if redefinition occurs in English law. The consequence of this would be to open up other legal avenues, like human rights law, to support same-sex marriage. This could spell the end of the religious exemption.
Even if churches were allowed to conduct same-sex marriages, it would be mistaken to think that a happy settlement could be reached whereby those vicars who accepted it would be free to do so, whilst supporters of traditional marriage would be free not to. Because of the established identity of the Church of England, granting the Church a unique and privileged place amongst religions in England, once any vicar allows same-sex marriages it becomes untenable in law for the whole Church not to participate. Thus O’Neil concludes:

“Churches might indeed better protect themselves against the possibility of any such litigation by deciding not to provide marriage services at all, since there could be no complaint then of discrimination in their provision of services as between same sex and opposite sex couples.

“And, in principle, the Church of England might be better protected under any such claim if it were disestablished in the sense that its clergy were no longer placed under formal legal obligations by the general law to solemnise the marriages of all and any person otherwise eligible to marry under the general law...”

It isn’t too late, Mr Cameron

Already, MPs are queuing up to remove the hypothetical ban on same-sex marriages in religious places, and Ed Milliband, the leader of the opposition Labour Party, appears to have outflanked Cameron in the latter’s rush to social liberalism. 

If same-sex legislation is pushed into the House of Commons, David Cameron will likely see a back-bench rebellion from his own MPs on the right of the Party, who are vociferously opposed to the measures. He knows that many Tory MPs hold seats where the UK Independence Party and the Liberal Democrats cannot oust the incumbent Conservatives in a fair fight, but they can succeed if the Tory vote is split (over Europe, for instance) or because Conservative voters simply absent themselves on election day because they are angry or disappointed at the Party leadership. Gay marriage is such an issue.

In any event, Cameron will be left in the embarrassing position of relying on Liberal Democrat and Labour support for a majority to be secured (particularly as he is likely to give a free vote), and he will see the Parliamentary Conservative Party split cleanly on this social issue, conservative/liberal, when unity is needed to push through controversial healthcare reforms.

Given the political difficulties of creating same-sex marriage and the legal consequences of doing so, it would suit him well to put the plans back on the shelf and move on to getting Britain out of its slump and recession.

Peter Smith is a lawyer living and working in London