Lying About The Hate Crime Bill, #1: “The Thirty Sexual Orientations”
May 11th, 2009
You can always tell when our opponents are really scared. Their lies become more ridiculous. Such is the case with the Local Law Enforcement Hate Crimes Prevention Act of 2009 (also known as the Matthew Shepard Hate Crimes Prevention Act). The proposed legislation expands the already existing federal hate crime law to include violent crimes based on the victim’s actual or perceived sexual orientation, gender, gender identity, and/or disability. The current law already covers actual or perceived race, ethnicity, color and religion.
One of the most egregious lies is this one, as told by the American Family Association:
The Hate Crime law, S.909 (and HR1913), will make 30 sexual orientations federally-protected. The American Psychiatric Association (APA) has published 30 such sexual orientations that, because of Congress’s refusal to define “sexual orientation,” will be protected under this legislation.
Focus On the Family’s James Dobson also jumped on the bandwagon as well:
As I’m recording this video greeting, there’s a so-called hate crimes bill that’s working its way through the congress that contains no adequate safeguards to protect the preaching of God’s word. Because the liberals in Congress would not define sexual orientation, we have to assume that protection under the law will be extended to the 30 sexual disorders identified as such by the American Psychiatric Association. Let me read just a few of them: bisexuality, exhibitionism, fetishism, incest, necrophilia, pedophilia, prostitution, sexual masochism, urophilia, voyeurism, and bestiality. Those are just a few. And I have to ask, have we gone completely mad?
“Congress would not define sexual orientation”
This line was brought up when the Hate Crimes Act was working its way though the House Judiciary Committee. During the hearing, Congressman Steve King (R-Iowa) sought to add an amendment to the bill indicating that the term sexual orientation does not include pedophilia.
This attempted amendment was, of course, a deliberate attempt to play on the slander that homosexuality is equivalent to child molestation — a slander that has no basis in the professional literature. But Rep. King pressed on in his attempt to write that slander into U.S. law, claiming that the law doesn’t define sexual orientation.
The problem, of course, is that the federal law which directs the FBI to collect hate crime statistics already includes a very specific definition of sexual orientation. The law’s definition goes like this:
As used in this section, the term “sexual orientation” means consensual homosexuality or heterosexuality.
It couldn’t be much clearer than that. Sexual orientation is exactly what everyone knows it to be: an orientation based on one’s own gender and the gender to which that individual is sexually attracted.
“The APA Defines Thirty Sexual Orientations”
But what if Federal law hadn’t already defined sexual orientation and we had to fall back on the American Psychiatric Association’s definition? Well, it turns out that the APA’s official definition is not much different from the federal government’s. The APA’s official handbook, the Diagnostic and Statistical Manual (DSM-IV-TR, 2000) offers a very precise definition of how clinicians should describe a client’s sexual orientation:
For sexually mature individuals, the following specifiers may be noted based on the individual’s sexual orientation: Sexually Attracted to Males, Sexually Attracted to Females, Sexually Attracted to Both, and Sexually Attracted to Neither. [Emphasis in the original]
In other words, the APA defines only four sexual orientations. And they do so in order to provide a consistent description of an individual’s sexual orientation. It is not a diagnosis itself, since homosexuality is not listed as a mental disorder. And just so everyone’s clear on exactly what the APA means by their very short description of sexual orientation, they provided an expanded discussion on their web site:
Sexual orientation is an enduring emotional, romantic, sexual, or affectional attraction toward others. It is easily distinguished from other components of sexuality including biological sex, gender identity (the psychological sense of being male or female), and the social gender role (adherence to cultural norms for feminine and masculine behavior).
Sexual orientation exists along a continuum that ranges from exclusive heterosexuality to exclusive homosexuality and includes various forms of bisexuality. Bisexual persons can experience sexual, emotional, and affectional attraction to both their own sex and the opposite sex. Persons with a homosexual orientation are sometimes referred to as gay (both men and women) or as lesbian (women only).
So where did the list of thirty “sexual orientations” come from? Let’s turn again to the APA’s DSM-IV-TR under the heading of “Sexual and Gender Identity Disorders,” namely the APA’s examples of sexual paraphilias:
The Paraphilias are characterized by recurrent, intense sexual urges, fantasies, or behaviors that involve unusual objects, activities, or situations and cause clinically significant distress or impairment in social, occupational, or other important areas of functioning. The Paraphilias include Exhibitionism, Fetishism, Frotteurism, Pedophilia, Sexual Masochism, Sexual Sadism, Transvestic Fetishism, Voyeurism, and Paraphilia Not Otherwise Specified.
The DSM goes further, identifying specific criteria for diagnosing these various paraphilias, something that the DSM does not do for sexual orientation. And the reason is simple: sexual paraphilias are mental disorders according to the DSM, while homosexuality is not. Which is why the DSM devotes several pages to sexual paraphilias — and describes them as an impairment to normal functioning — but just a few words to consensual adult homosexuality, heterosexuality or bisexuality, which the APA reminds us “is not an illness, a mental disorder, or an emotional problem.”
So just to be clear:
- Sexual orientation is strictly limited to the realms of homosexuality, heterosexuality, bisexuality and asexuality.
- All the other stuff — pedophilia, exhibitionism, masochism, and the other twenty-seven paraphilias are not sexual orientations. Homosexuality, heterosexuality, bisexuality and asexuality are not paraphilias.
- The proposed hate crime laws covers only sexual orientation, and not paraphilias.
In other words, you can still punch a pedophile and not risk running afoul of the proposed hate crime law. I wouldn’t recommend it — you’d still be liable for assault charges, but there would be no federal hate crime enhancements involved.
If you won’t believe me, then how about Dr. Jack Drescher? He’s a member of the APA’s DSM-V Workgroup on Sexual and Gender Identity Disorders, one of the groups working on the next revision of the APA’s manual. He confirmed everything I said, and went further:
Pedophilia is not a sexual orientation, nor would pedophiles be covered by a law protecting people for their sexual orientation. Religious social conservatives who oppose gay rights are using terms that sound like science, as opposed to actual science, to make unwarranted and malicious comparisons between homosexuality and pedophilia. Not only is this scare tactic untruthful, it reveals how little respect some religious conservative leaders have for the intelligence of the people they are trying to persuade.
It is indeed a scare tactic, and anti-gay activists know full well that it is a blatant distortion of the APA’s position on sexual orientation and paraphilias. Remember, Dobson holds a Ph.D. in psychology. He clearly knows that he’s lying, and he has chosen to do so as a deliberate tactic. There’s simply no other plausable explanation. And as the bill comes closer to passing and being signed into law, their rhetoric is likely to get worse, not better. Stay tuned.
– Lying About The Hate Crime Bill, #2: “A Danger To Religious Freedom”
– Lying About The Hate Crime Bill, #1: “The Thirty Sexual Orientations”