Homosexuality: Innate and Immutable?
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HOMOSEXUALITY: INNATE AND IMMUTABLE? A. Dean Byrd & Stony Olsen* I. INTRODUCTION This article focuses on the question of whether homosexuality is medically or psychologically harmful. Can a homosexual be "cured?" Is homosexuality an immutable, biological characteristic, or is it the product of one's environment? The answers to these questions foster some of the hottest raging debates in society and politics today. Answers to these questions have many implications for policy makers and touch the very foundations of society and morality in America. There is an inordinate amount of conflict and politicization surrounding the topic. Controversies range from what to teach our children (recall the debate over whether the Boy Scouts of America should be allowed to bar homosexual scoutmasters) to questions about marriage and the nature of the family in general. It is useful to define "homosexuality." Homosexual behavior refers to overt sexual activities between two partners of the same gender. Homosexual orientation refers to overall sexual responsiveness of someone to members of his or her same gender. Homosexual identity refers to the labeling of oneself as gay or lesbian. This article examines the status of science in answering the question of whether being homosexually oriented is a choice, or whether the T-shirt thanking mom for the "gay gene" is accurate. Attention is given next to the controversial slogan that gay activists loudly proclaim: "Once a homosexual, always a homosexual." In contrast, can homosexuality be "cured" as some professionals and ministries claim? Is it possible that homosexual attraction can diminish and heterosexual attraction emerge? Then this article discusses how homosexuality has in the very short span of * Professor A. Dean Byrd is a clinical professor in the Department of Psychiatry at the University of Utah School of Medicine, and an adjunct clinical professor in the Department of Family and Consumer Studies, also at the University of Utah. He is the President of the Thrasher Research Fund, as well as the Vice President of NARTH, the National Association for the Research and Therapy of Homosexuality, an organization of over 1500 psychologists and psychotherapists. He holds a doctoral degree in psychology from Brigham Young University, and a Masters of Business Administration from the University of Phoenix. He also holds two post-doctoral degrees from the Virginia Commonwealth University and Loyola University. He has his own private practice in clinical psychology. Stony Olsen is a recent graduate of the J. Reuben Clark School of Law at Brigham Young University. There he was a Lead Article editor for the Brigham Young University Journalof Public Law, as well as a Reference Assistant for the Howard W. Hunter Law Library. Special thanks is given to Mr. Olsen for his research assistance. HeinOnline -- 14 Regent U. L. Rev. 383 2001-2002 REGENT UNIVERSITY LAW REVIEW [Vol. 14:383 about twenty-five years evolved from an outcast practice to one that is promoted by some to constitute normality. Finally, the consequences of homosexuality are addressed, through examination of various statistics and their implications. Since almost all available data is on homosexual men, this article focuses on homosexual men and excludes lesbians for the most part. There is not enough data on lesbianism to make a worthwhile review at the moment, although the same conclusions will most likely apply. This article differentiates between: 1) homosexual men who have homosexual attraction and may or may not engage in homosexual behavior; and 2) gays who assume a social, political identity and tend to be political activists. They are two separate groups. II. THE BIOLOGY OF HOMOSEXUALITY: THE SCIENTIFIC EVIDENCE EXAMINED One of the most fundamental questions to ask in any discussion of homosexuality, or indeed, any behavior, is what causes the behavior. Here, not surprisingly, gay rights activists and their opponents have great disagreements. The basic question is whether homosexuality is "in the genes" or not. Alternatively, is a homosexual a product of his environment? Or, is homosexuality a conscious choice that a person makes, with no other factors other than falling prey to temptation? Is the cause a combination of factors? Is a homosexual person homosexual because of a combination of innate characteristics deriving from his or her genes which interact with environmental factors? Evan S. Balaban, one of the most influential neurobiologists in the United States, noted that the search for the biology of complex human traits has had a relatively low success rate.1 Recently, Balaban stated that while genes linked to alcoholism, mental illness, and homosexuality supposedly have been "discovered," none of the claims have 2 been confirmed. Gay activists trumpet that homosexuality is in the genes, and the media has focused great attention on these claims. The activists point to three main studies that "prove," they say, that a man is born homosexual, and has no choice in the matter, so therefore should not change. These studies are that of Simon LeVay, 3 Dean H. Hamer,4 and J.M. Bailey and R.C. Pillard.5 Although there are other studies, these are the ones primarily responsible for the popular and politicized impression that being 1 John Horgan, Gay Genes, Revisited, SCI. AM., Nov. 1995, at 26. 2 Id. at 26. 3 Simon LeVay, A Difference in Hypothalamic Structure Between Heterosexual and Homosexual Men, 253 SCIENCE 1034 (1991). 4 Dean H. Hamer et al., A Linkage Between DNA Markers on the X Chromosome and Male Sexual Orientation,261 SCIENCE 321 (1993). 5 J. Michael Bailey & Richard C. Pillard, A Genetic Study of Male Sexual Orientation, 48 ARCHIVES GEN. PSYCHIATRY 1089 (1991). HeinOnline -- 14 Regent U. L. Rev. 384 2001-2002 2002] INNATE AND IMMUTABLE? homosexual is something that cannot be helped, since being homosexual means "you were born that way." In addition, one other related theory frequently advanced is that of prenatal hormonal irregularities which cause some people to be born with a homosexual orientation. A Simon LeVay: Homosexuality and the Brain The LeVay study, conducted by Simon LeVay of the Salk Institute for Biological Studies located in San Diego, reported that he had found "subtle but significant differences" between the brains of homosexual men and heterosexual men.6 This, of course, led to the immediate, supposedly apparent, conclusion that homosexual men have something different about their brains that makes them homosexual. Unfortunately, this study was significantly flawed. LeVay performed a study on the brains of two groups 7 of men: (1) homosexuals, and (2) men LeVay presumed were heterosexual. LeVay studied the area of the brain known as the hypothalamus, focusing on a cluster of cells called the INAH-3.8 Studies have found that, consistent with the general proposition that men's brains are generally larger than women's brains, 9 this cluster of cells in the hypothalamus is also larger in men than in women. 10 LeVay found in his study that in homosexual men, this cluster of cells was smaller than in heterosexual men. 1 There are several things inherently wrong with LeVay's study. He had a small sample size, just sixteen allegedly heterosexual men and nineteen homosexual men. 12 Since the men's brains were examined post-mortem, it is not possible to confirm the heterosexuality of the heterosexual group or anything about their sexual lifestyles.13 LeVay himself enumerates some of the difficulties with his research in his book Queer Science: But it is important to stress several limitations of the study. First, the observations were made on adults who had already been sexually active for a number of years. To make a really compelling case, one would have to show that these neuroanatomical differences existed early in life preferably at birth. Without such data, there is always at least the theoretical possibility that the structural differences are actually the result of differences in sexual behavior perhaps on the "use it or lose it" principle. Furthermore, even if the differences in the hypothalamus arise 6 Horgan, supra note 1, at 26. 7 Id. 8 Id. 9 William Byne, Science andBelief" Psychobiological Research on Sexual Orientation,28 J. HOMOSEXUALITY 303, 327 (1995). 10 Id. 11 Horgan, supra note 1. 12 William Byne & Bruce Parsons, Human Sexual Orientation:The BiologicalTheories Reappraised,50 ARCHIVES GEN. PSYCHIATRY 228, 235 (1993). 13 Id. HeinOnline -- 14 Regent U. L. Rev. 385 2001-2002 REGENT UNIVERSITY LAW REVIEW [Vol. 14:383 before birth, they might still come about from a variety of causes, including genetic differences, differences in stress exposure, and many others. It is possible that the development of INAH3 (and perhaps other brain regions) represents a "final common path" in the determination of sexual orientation, a path to which innumerable prior factors may contribute. Another limitation arises because most of the gay men whose brains I studied died of complications of AIDS. Although I am confident that the small size of INAH3 in these men was not an effect of the disease, there is always the possibility that gay men who died of AIDS are not representative of the entire population of gay men. For example, they might have a stronger preference for receptive anal intercourse, the major risk factor for acquiring HIV infection. Thus, if one wished, one could make the argument that structural differences in INAH3 relate more to actual behavioral patterns of copulation than to sexual orientation as such. It will not be possible to settle this issue definitively until some method becomes available to measure the size of INAH3 in living people who can be interviewed in detail about their sexuality. 14 LeVay wisely made a cautionary statement about the possibility that the differences in the INAH-3 area are caused by behavior and not genes. An experiment by Marc Breedlove, a professor of neuroscience at the University of California at Berkeley, tested neurological changes in the brains of male rats as they engaged in copulatory behavior.