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READ IT HERE: Supreme Court asked to review New Jersey ban on LGBT conversion therapy

LGBT Legal Cases Marriage equality Marriage Equality Trials

The plaintiffs challenging New Jersey’s ban on so-called LGBT ‘conversion therapy’ have filed a petition for review in the Supreme Court. The Third Circuit Court of Appeals upheld the ban from constitutional attack.

The Supreme Court was asked earlier this year to hear a challenge to a similar law in California. The Ninth Circuit Court of Appeals had upheld that ban as well, and the Supreme Court declined to review that decision.

The New Jersey petition argues that the Third and Ninth Circuit are actually split – not on the merits of the case, but rather, on the differing analysis the courts applied.

You can read the filing here:

14-672 Cert Petition by Equality Case Files

Thanks to Equality Case Files for these filings

23 Comments

  • 1. Scottie Thomaston  |  December 9, 2014 at 2:53 pm

    Also, apologies for the late posting. The site was down for me until a few minutes ago.

  • 2. RnL2008  |  December 9, 2014 at 3:12 pm

    I wonder how this will play out seeing as California has a similar ban and it was upheld by the 9th Circuit Court of Appeals and SCOTUS denied cert. Why can't some realize that they may face the same fate?

  • 3. guitaristbl  |  December 9, 2014 at 3:13 pm

    No thank you, I am quite frustrated today as it is. Have to maintain a certain level of sanity.

  • 4. hopalongcassidy  |  December 9, 2014 at 3:44 pm

    Holey shit, I thought NARTH was pretty much defunct. Grr.

  • 5. sfbob  |  December 9, 2014 at 4:18 pm

    They may still be around but for all intents and purposes they may as well not be. Like NOM it seems they continue to exist to grab money from the unsuspecting and to file futile lawsuits.

  • 6. Eric  |  December 9, 2014 at 4:35 pm

    Because we aren't dealing with rational people. Rational people are ok with the state prohibiting the sale of a product to minors that doesn't work and has been shown to cause harm.

  • 7. Raga  |  December 9, 2014 at 6:20 pm

    This is almost surely heading towards a cert denied. They have no reason to take this up when they declined to take up the Ninth Circuit appeal just a few months ago, since this doesn't constitute a circuit split on the outcome, only the rationale.

  • 8. SeattleRobin  |  December 9, 2014 at 6:53 pm

    Yeah. They weren't interested in taking up ME without a split even though the circuit courts used different rationales, so this should be no different.

  • 9. Cbk70  |  December 9, 2014 at 8:58 pm

    If there's any doubt as to the harm caused by this "therapy," Bryan Christopher's memoir, "Hiding from Myself" provides a haunting and compelling lens. It's a must read for anyone considering this therapy, either for themselves, or their kids.

  • 10. davepCA  |  December 9, 2014 at 9:08 pm

    Well THIS is interesting – instead of randomly getting the mobile app version, I now seem to be getting some weird new kind of version of the site that looks like a rudimentary plaintext 1991 listserve newsgroup thingy. It looks like crap!

  • 11. DJSNOLA  |  December 9, 2014 at 9:54 pm

    Could there be any advantage in the supreme court taking a case like this and finding increased scrutiny needs to be given to issues dealing with sexual orientation?

  • 12. davepCA  |  December 9, 2014 at 10:04 pm

    (deleted to avoid confusion – I thought I was addressing a question in a different article and my answer here was completely wrong!)

  • 13. ebohlman  |  December 9, 2014 at 10:17 pm

    That indicates that the HTML markup is loading but the CSS stylesheet isn't.

  • 14. Raga  |  December 9, 2014 at 10:18 pm

    No, because the primary issue here deals with the First Amendment, not the equal protection clause of the Fourteenth Amendment. In the New Jersey lawsuit, Plaintiffs claimed that the ban violates their "minor clients’ First and Fourteenth Amendment rights to free speech and free exercise of religion and the parents’ Fourteenth Amendment right to substantive due process."

    The Ninth Circuit held that such laws ban conduct and not speech, and are therefore only subject to rational basis review (and that the law survived this minimal level of scrutiny and hence was constitutional). However, the Third Circuit disagreed, holding that the therapy banned by the law is protected speech and therefore must be subject to a higher level of scrutiny. However, "because Plaintiffs are speaking as state-licensed professionals within the confines of a professional relationship, this level of protection is diminished." So, the court decided to apply intermediate scrutiny rather than strict scrutiny. But the court went on to conclude that the law does withstand this higher bar, and hence upheld it as constitutional.

    http://www2.ca3.uscourts.gov/opinarch/134429p.pdf

  • 15. davepCA  |  December 9, 2014 at 10:53 pm

    Ack. I thought I was replying to a question in the other article. Disregard my comment above, Raga is correct.

  • 16. Cbk70  |  December 10, 2014 at 7:14 am

    Bryan's book, Hiding from Myself: http://tinyurl.com/o4frmhp

  • 17. StanJames  |  December 10, 2014 at 2:24 pm

    note that liberty counsel is appealing. Part of dead jerry fallwells empire which also includes liberty university – the liberty to hate minorities. as usual some repubs have everything backwards

  • 18. StanJames  |  December 10, 2014 at 2:25 pm

    about 40% of kids subjected to this child abuse commit suicide. welcome to religious freedom.

  • 19. hopalongcassidy  |  December 10, 2014 at 3:34 pm

    The day they found Jerry Foulball dead in his chair was up near the top of my favorite ones.
    That vile sonofabitch was lucky there's no hell. I'm trying really hard to outlive that other sonofabitch Pat ROBert$on. I'm beginning to think I might and if I do, I will find his grave and piss on it.

  • 20. sfbob  |  December 10, 2014 at 4:21 pm

    One ought not to speak ill of the dead but in some cases, it's easy to excuse. :)

  • 21. ‘Ex-gay’ ther&hellip  |  December 10, 2014 at 6:15 pm

    […] site Equality on Trial, noted the Ninth Circuit upheld a similar ban in California and the Supreme Court declined to hear […]

  • 22. ‘Ex-gay’ ther&hellip  |  December 10, 2014 at 6:36 pm

    […] site Equality on Trial, noted the Ninth Circuit upheld a similar ban in California and the Supreme Court declined to hear […]

  • 23. Cbk70  |  December 14, 2014 at 11:58 am

    For an honest and entertaining lens into "conversion therapy," Bryan Christopher's new memoir, "Hiding from Myself" is a great resource should you know someone considering "ex-gay" therapy, either for themselves, or their kids. http://tinyurl.com/o4frmhp

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