United States District Judge Freda Wolfson from the District of New Jersey discarded the second lawsuit made by a minor and his parents who claim that the state’s ban on gay conversion therapy violates their fundamental rights.
“Plaintiffs Jack and Jane Doe contend that their fundamental right to care for their son, John Doe, is infringed… because it prevents them from making decisions concerning their child's mental, emotional and physical health. Plaintiffs provide no case law or other authority in support of the proposition that Jack and Jane Doe's fundamental parental rights encompass the right to choose for their son any medical treatment they desire,” wrote Wolfson.
She also clarified that she does not regulate speech indirectly or directly but does regulates a mental health procedure that is carried out by licensed therapists or counselors.
Calling gay conversion therapy pseudoscience, she added, “Surely it is undisputed that a state has the power to regulate not only medical and mental health treatments deemed harmful, but also those that are ineffective or that are based not on medical or scientific principles but, instead, on pseudo-science…. The fundamental rights of parents do not include the right to choose a specific medical or mental health treatment that the state has reasonably deemed harmful or ineffective. To find otherwise would create unimaginable and unintentional consequences.”
The judge referred to a decision she made in November 2013 when a group of clinic employees filed a lawsuit against New Jersey in a case now popularly known as King versus Christie.
“Plaintiffs have advanced no new argument or law in support of their contention that A3371 regulates speech that I did not already consider in King. Furthermore, I concluded in King that A3371 does not implicate speech, but rather governs conduct. … Under the reasoning set forth in King, A3371 regulates mental health treatment — albeit in the form for talk therapy — not any particular speech of counselors or therapists involving certain views,” she had written.
A3371 is a piece of legislation that was passed by Assemblyman Timothy Eustace in 2012 after it received support from both Republicans and Democrats. It basically banned licensed therapists from involving themselves in Sexual Orientation Change Efforts for minors. The therapy unscientifically aimed at changing a person’s sexual orientation.
“A person who is licensed to provide professional counseling … shall not engage in sexual orientation change efforts with a person under 18 years of age,” read A3371 in part.
After the bill was referred to the Assembly’s Women and Children Committee, it passed with 56 yays, 14 nays and 7 non-participations. A few days later, the bill was passed by the Senate with 28 yays and 9 nays. Thereafter, the bill was sent to Governor Chris Christie, who is considered a potential GOP presidential candidate. He signed the bill into law in August 2013.
Recently, both New Jersey and California have passed legislation that ban SOCE for minors, and many other states have considered similar measures though they have been stalled or voted down.
Wolfson’s decision came only a month after the United States Supreme Court refused to hear a petition by a group that was suing California for its gay conversion therapy law. The Liberty Counsel expressed disappointment with the Court, which declined to offer an explanation for the refusal.
“The minors we represent do not want to act on same-sex attractions, nor do they want to engage in such behavior. They are greatly benefiting from this counseling. Their grades have gone up, their self-esteem has improved, and their relationships at home are much improved,” said Mat Staver, founder and chairman of Liberty Counsel.
Photo Credits: New Jersey Law Journal
