A federal court in New Jersey upheld the state’s ban on “conversion therapy” for minors yesterday. U.S. District Judge Freda Wolfson rejected a claim by two New Jersey parents that the ban violated the Constitution by prohibiting them from choosing the therapy for their child, who, they said, suffers from “unwanted” same-sex attractions.Conversion Controversy: N.J. Court Upholds Ban On Anti-Gay Therapy Aimed At Minors | Americans United
As reported by a local NBC affiliate, Wolfson wrote in Does v. Christie, “Surely, 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.”
She added, “To find otherwise would create unimaginable and unintentional consequences.''
It’s the second time Wolfson has upheld the ban. She earlier ruled for the state in King v. Christie, a separate case brought by two therapists who argued the law violated their constitutional right to practice the therapy. Like the parents behind yesterday’s failed suit, these therapists told the court that the ban violated their religious liberty rights.
Religious Right-backed “ex-gay” ministries have been around for a long time. They’re anchored in that old-time religion – and they usually don’t succeed in changing a person’s sexual orientation.
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New Jersey’s ban is based on the APA’s conclusions and a veritable mountain of peer-reviewed data confirming that “conversion therapy” simply doesn’t work and instead causes patients significant psychological harm.
To be clear, no one disputes that adults can legally undergo this therapy for whatever reasons they choose, but the issue becomes more complicated when minors are involved.
That’s where bans on conversion therapy come in.
The law in New Jersey (and in California, which has a similar ban) specifically prohibits “conversion therapy” for minors; adults are unaffected. Although parents do legally have the right to make decisions for their children, there have always been certain restrictions on that right.
As Wolfson noted in her ruling, the law considers minors a uniquely vulnerable group and thus, courts have historically restricted parents from choosing services or treatments that would damage their children’s health and well-being. Parents and therapists do have the right to religious liberty, but that right does not supersede the government’s interest in protecting children from harm.
See also: Court Upholds Conversion Therapy Ban
The unidentified New Jersey couple claimed in their suit that the state's law violated their rights to free speech and freedom of religion, as well as their 14th Amendment right to equal protection, by "denying minors the opportunity to pursue a particular course of action that can help them address the conflicts between their religious and moral values and same-sex attractions, behaviors or identity.''I find this aspect of the complaint quite interesting. Read this again, "by denying minors the opportunity to pursue a particular course of action that can help them address the conflicts between their religious and moral values and same-sex attractions, behaviors or identity.''
In her opinion, Wolfson wrote that the law doesn't impinge on free speech because it covers conduct -- the therapy, specifically -- and not speech. The statute doesn't restrict freedom of religion, she added, because it is neutral with respect to religion even if it "disproportionately affects those motivated by religious belief.''
Finally, she cited numerous court rulings that have held that states have the right to regulate what medical or mental health treatments parents choose for their children.
"Minors,,,their religious beliefs,,," Do you see the issue?
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