Tennessee may shut down 'ex-gay' facility
The State of Tennessee calls 'Love In Action' an illegal mental health program. Imagine that -- it's about time. Gay Rights Watch has covered 'Love In Action' quite a bit in the past few months.
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The Washington Blade reports:
Exodus International's flagship 'ex-gay' residential treatment facility, Love in Action, is facing possible closure by the state of Tennessee for unlawfully treating mentally ill people.
Founded in 1973, Memphis-based Love in Action claims that it is the oldest and largest group to focus on the "prevention or treatment" of same-sex attraction.
The organization made national and international news earlier this year after a Tennessee teen wrote on his blog that his parents were sending him to the program in an effort to change his sexual orientation, and appealed for help.
Amidst the outpouring of concern for the teen, reports surfaced that Love in Action clients had been traumatized by their treatment at the program. Questions arose about whether the facility was operating within the law.
On Sept 12, the state of Tennessee announced that its Department of Mental Health & Developmental Disabilities had determined that Love in Action is operating two "unlicensed mental health supportive living facilities."
"The [state] went in and visited and found that they were providing room, board and personal care for mentally ill people," said Rachel Lassiter, deputy press secretary for Tennessee Gov. Phil Bredesen (D). "The clients were determined to be mentally ill because some of them had been treated by psychiatrists and were on medication."
It appears that Love in Action has taken on responsibility for the care of these people, Lassiter said, and unlawful operation of a personal support service is a class B misdemeanor in Tennessee.
Lassiter said the department sent a certified letter to Love in Action executive director John Smid, advising him that he must stop operating the homes or apply for a license within seven days. Smid did not respond to the letter, and a second letter was issued informing him that if he does not stop operating the homes or apply for a license by Sept. 15, the department would recommend that a cease and desist order be issued.
If the order is issued, state authorities will demand that Love in Action immediately stop operation of its residential facilities and will offer assistance in relocating the residents.
'Different set of rules'?
Gerard Wellman, business administrator for Love in Action, and a former Love in Action client, said on Sept. 13 that the organization has been in contact with the state but would not comment on whether it planned to attempt to become licensed as a mental health supportive living facility.
"As a church, we operate under a different set of rules," Wellman said. "But all options are on the table."
Wellman said that the clients were free to decide whether to stay or leave the program, but he did not know whether clients were aware of the state's determination that the group is operating illegally.
Applying for an "Initial License" as a mental health facility in Tennessee is a comparatively simple process requiring only a basic safety review including criminal background checks, and fire and environmental safety inspections, according to officials.
Morgan Fox, who has been filming a documentary on Love in Action and following the situation closely, said he doubts the organization will seek licensing.
"They may want to play the victim," Fox said. "If they get into the position of being shut down, they can get Exodus and the Christian right behind them to defend what they do."
Exodus International did not return calls.
Wayne Besen, author of "Anything But Straight: Unmasking the Scandals & Lies Behind the Ex-Gay Myth," celebrated news of Tennessee's action against Love in Action.
"Tennessee is rightfully and responsibly protecting its citizens from unscrupulous and unlicensed practitioners posing as genuine mental health professionals," Besen said.
Besen called on other states to determine whether other ex-gay groups meet basic mental health guidelines.
"Prayer is not a replacement for professionalism," Besen said. "And that is unfortunately what is happening with these faith-based ministries."
"I feel validated by [this]," said Peterson Toscano, a former Love in Action client. "I enrolled in that program and put myself through it. .... We were so trusting in the authority that they had. They used clinically couched language to make it seem legitimate and spiritual language to make it seem powerful, ... to make people endure it."
Toscano, who was a client at Love in Action between July 1996 and October of 1998, said that Love in Action was considered the "Cadillac of ex-gay ministries" and intentionally represented its work as therapeutic and scientifically based.
Toscano said that while he was a client, Love in Action staff dispensed psychotropic drugs to clients and administered psychiatric tests to clients, many of whom were under treatment for depression.
Many religious groups opposed the idea of sending a person into mental health treatment because he or she is gay or lesbian.
"The idea that homosexuality is a mental illness is outdated," said Bean Murray, an Episcopal deacon and staff person for the Episcopal Mental Illness Network. The Episcopal Mental Illness Network gives out information on mental illness and refers people to services. Murray said she believes that it is appropriate that religious service providers be licensed in the same way as secular providers.
A separate investigation by the Department of Health this summer determined that Love in Action is not required to be licensed as a drug and alcohol treatment facility because it is a faith-based organization.
Though Love in Action has advertised help with drug issues and that one of their staff members is a licensed drug and alcohol addiction counselor, the Health Department found that the man was in fact providing a "ministry based on his personal experience," not addiction treatment.
Posted Bryan Harding