TRENTON — A federal judge today dismissed a lawsuit challenging the legality of New Jersey's newly enacted ban on gay-to-straight conversion therapy for minors, saying the law does not violate anyone's freedom of speech or religion.
Days after Gov. Chris Christie signed the law in August, the lawsuit was filed on behalf of Tara King, a therapist in Brick, Ronald Newman, a therapist in Linwood, the National Association for Research and Therapy of Homosexuality, and the American Association for of Christian Counselors.
They argued the law violated their responsibility to their clients who wanted the treatment. They also contend the terms "sexual orientation" and the phrase "sexual orientation change efforts" are too vague to be understood and enforced.
In a separate lawsuit, a South Jersey 15-year-old boy and his parents claimed the law interferes with teenager's "right to self-determination and the parents’ fundamental right to direct the upbringing of their children."
U.S. District Court Judge Freda Wolfson , who presides in Trenton, disagreed.
"Having found that the statute only regulates conduct, and not speech in any constitutionally protected form, Plaintiffs’ arguments regarding the statute" being overly broad "are largely irrelevant," according to her decision.
Nothing in the law "prevents licensed professionals from voicing their opinions on the appropriateness or efficacy of Sexual Orientation Change Efforts, either in public or private settings," according to Wolfson's opinion.
The law prevents any licensed therapist, psychologist, social worker or counselor from using sexual orientation change efforts with a children under age 18. Offenders jeopardize their licensed status for violating the law, which does not apply to clergy or anyone who is not licensed by the state.
Supporters of the law cite position papers by the American Psychological Association and other professional organizations that question the efficacy of the treatment and criticize the practice as emotionally demoralizing and damaging.
“The court’s decision today is a huge victory for New Jersey youth. This law will save lives by protecting young people them from these horrible and damaging practices,” said Troy Stevenson, Executive Director of Garden State Equality, the civil rights organization that fought to get the ban enacted.
"Today a federal judge agreed that the abuse has to stop," according to a Garden State Equality's Facebook page posted at about 5:30 p.m. "We won summary judgment, and the opposition's case to overturn the ban was dismissed. Thank you to Assemblyman Tim Eustace for championing this legislation and to The State of New Jersey, and our attorney's at the National Center for Lesbian Rights, Gluck-Walrath, and Kirkland & Ellis, for making sure the ban stands."
New Jersey is the second state in the nation to therapy that purports to change a child's sexual orientation from homosexual to heterosexual. California enacted the first ban, but Liberty Counsel, a national religious-based legal and public policy group, filed an injunction it before it took effect earlier this year. A judge later upheld the law.
The plaintiffs' attorney could not be reached for comment.
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