APA has recently tried to educate Virginia voters and military health
officials about the mental health consequences of actions that discriminate
against or inaccurately categorize homosexuals.
Several weeks before voters in Virginia, where APA headquarters is located,
passed a ballot referendum that gave the state one of the nation's strictest
laws limiting the rights of gays and lesbians, APA conveyed its opposition to
the ballot referendum to the organization spearheading the fight to defeat the
In an October 24 letter to the Richmond-based Commonwealth Coalition, APA
Medical Director James H. Scully Jr., M.D., added APA's name to the list of
groups that found the measure discriminatory and antibusiness.
Scully pointed out that "APA opposes this amendment to Virginia's
Bill of Rights because we believe that discrimination in all its forms is
wrong and is bad for Virginians' mental health."
He also stressed the business-related concerns that passage of the ballot
measure raised. Noting that APA is based in Arlington, Va., Scully said that
APA's approximately 250 employees are its "greatest asset. If the
measure passes, our employees' benefits may be at risk." He pointed out
as well that APA "will be at a competitive disadvantage" with
employers in neighboring Maryland and Washington, D.C., in "attracting
and retaining" top-quality employees since many will think twice before
accepting jobs in a state that denies them rights they enjoy in the two
Despite such protests, the measure passed by 53 percent to 47 percent. It
was, however, defeated soundly in the Washington, D.C., suburbs, with APA's
home county of Arlington opposing it by a wider margin than any other county
in the state.
The referendum—whose wording has now become part of the Virginia
constitution—states that in addition to barring same-sex marriage (a law
that was already on the books) civil unions between same-sex and other
unmarried couples will not be permitted, and neither the state nor any of its
counties or cities can grant such a right.
Many of the referendum's opponents believe it can be interpreted to bar
unmarried couples from entering into certain contracts or other legal
arrangements, including advance directives, powers of attorney, or even wills.
The wording that opponents find troubling says that no arrangement can be
entered into that conveys "the rights, benefits, obligations, qualities,
or effects of marriage." It will be left to courts to determine just how
broad the prohibitions are.
Last year APA confronted another of the state's laws that discriminated
against gays and lesbians—that one prohibited all companies and
organizations doing business in the state from offering health benefits to the
domestic partners of their employees (Psychiatric News, April 1,
2005). It was the only state with such a ban. APA testified in the state
capitol before a committee considering a repeal of that ban. After strong
opposition to the ban from Virginia's business community, the legislature
narrowly voted to repeal it, but the new law passed last month also has some
questioning whether the domestic-partner benefits offered by employers are now
In a November 14 letter to David Chu, the Pentagon's undersecretary for
personnel and readiness, Scully again urged revision of a policy that imposes
discriminatory treatment of gays and lesbians.
He called on Chu to remove homosexuality from a list of "conditions,
circumstances, and defects" that reflect developmental issues and affect
retirement and discharge policies.
This follows on the results of protests earlier this year by APA and other
mental health groups who learned that while homosexuality was deleted from the
DSM in 1973, the Pentagon was continuing to classify it as a mental
disorder in a list titled "Conditions Not Constituting a Physical
Disability"—specifically in a subsection of "Developmental
Defects and Other Specific Conditions" (Psychiatric News, July
Pentagon health officials responded quickly and deleted homosexuality from
its list of mental illnesses. Recently it was learned, however, that when it
came to discharge or retirement criteria, the military still lumped
homosexuality with developmental "defects" such as bed wetting,
stuttering, sleep walking, obesity, and allergies to insect venom.
Scully told Chu that while APA appreciates the Pentagon's efforts to
address concerns that the illness list "was not medically
accurate," the organization is still concerned "because we believe
that the revised document lacks the clarity necessary to resolve the
"Because homosexuality is not a defect of a developmental nature, but
could be construed as one by its inclusion in this section," Scully
said, "we respectfully request that it be removed from the section or
that the section be parsed out in a way that is accurate and clear."▪