TRENTON — A federal appeals court today upheld the legality of New Jersey's ban on gay-to-straight conversion therapy for minors, finding the law does not violate anyone's freedom of speech or religion.
The three-judge panel for the U.S. Court of Appeals for the Third Circuit ruled the state has substantial interest in regulating the speech of certain professionals, particularly those dealing in mental health, in order to protect the public.
"To handcuff the state’s ability to regulate a profession whenever speech is involved would therefore unduly undermine its authority to protect its citizens from harm," the panel wrote, noting nothing restricted those professionals' speech in a public setting.
The lawsuit was filed last year 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.
The challenge came just days after Gov. Chris Christie signed the ban into law.
They argued the law violated their responsibility to their clients who wanted the treatment. They also contended the terms "sexual orientation" and the phrase "sexual orientation change efforts" are too vague to be understood and enforced.
U.S. District Court Judge Freda Wolfson , who presides in Trenton, ruled in the state's favor and dismissed the suit, and the appeals court upheld that decision.
The law prevents any licensed therapist, psychologist, social worker or counselor from using sexual orientation change efforts with a children younger than 18. Offenders jeopardize their licensed status by 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.
Christopher Baxter may be reached at cbaxter@njadvancemedia.com. Follow him on Twitter @cbaxter1. Find NJ.com Politics on Facebook.