'Gay Conversion Therapy' Ban Upheld in New Jersey

The controversial use of “gay conversion therapy” will remain banned in New Jersey.

On Monday, a federal appeals court struck down a new challenge to the statewide ban -- signed into law in 2013 -- that prevents licensed therapists from using “conversion therapy” to change a child’s sexual orientation from gay to straight.

Opponents first challenged the law in 2013, when a federal court rejected their argument that the ban impinged on therapists’ free speech rights.

Taking a different tack, a new challenge – filed by “John, Jack and Jane Doe” – alleged that the U.S. Constitution’s due process protections mean parents are legally entitled to a preferred medical treatment for their children, even if the state has deemed it harmful.

This argument was rejected by a circuit panel of judges, who ruled:

“While the case law supports [the] argument that parents have decision-making authority with regard to the provision of medical care for their children … the case law does not support the extension of this right to a right of parents to demand that the state make available a particular form of treatment.”

According to court documents, the original complaint involved “John Doe,” a 15-year-old boy who claimed that he has struggled with “unwanted same-sex attractions” and with “confusion about [his] gender identity.”

John and his parents have stated that they all have sincerely held religious beliefs that homosexuality is “wrong and sinful,” in court documents. As a result, the boy’s struggles caused suicidal thoughts, self-hatred, anxiety, and panic attacks.

According to documents, John Doe began gay conversion counseling in May 2011, which he believes has helped him in that he has stopped trying to be feminine, has reduced his same-sex attractions, has an improved relationship with his father and has rid himself of his feelings of hopelessness and suicide.

Supporters of the ban, including named intervenor-defendant Garden State Equality, a Montclair-based LGBTQ rights advocacy nonprofit, have argued that the controversial therapy is psychologically harmful to children.

This viewpoint was shared by Gov. Chris Christie, the other named party in the lawsuit, who wrote on signing the bill that “the American Psychological Association has found that efforts to change sexual orientation can pose critical health risks including, but not limited to, depression, substance abuse, social withdrawal, decreased self-esteem and suicidal thoughts.”

“I believe that exposing children to these health risks without clear evidence of benefits that outweigh these serious risks is not appropriate,” Christie said.

Do you think “gay conversion therapy” should be available to New Jersey residents? Share your opinion with the Patch community below!