Windy City Media Group Frontpage News

THE VOICE OF CHICAGO'S GAY, LESBIAN, BI, TRANS AND QUEER COMMUNITY SINCE 1985

home search facebook twitter join
Gay News Sponsor Windy City Times 2023-12-13
DOWNLOAD ISSUE
Donate

Sponsor
Sponsor
Sponsor

  WINDY CITY TIMES

Fed Appeals Court upholds NJ law banning conversion therapy
From a press release
2014-09-11

This article shared 3836 times since Thu Sep 11, 2014
facebook twitter google +1 reddit email


( Trenton, NJ, September 11, 2014 )—Today, a panel of the United States Court of Appeals for the Third Circuit unanimously upheld a 2013 New Jersey law prohibiting licensed therapists from attempting to change the sexual orientation or gender expression or identity of patients under 18 years old. The Court held that the New Jersey law does not violate the First Amendment and that the State of New Jersey was entitled to prohibit these discredited practices in order to protect minors from harm. The United States Court of Appeals for the Ninth Circuit upheld a similar California law last year.

The New Jersey law prohibits licensed therapists from subjecting minor patients to "sexual orientation change efforts" ( SOCE ), which the law defines as the practice of seeking to change a person's sexual orientation, including, but not limited to, efforts to change behaviors, gender identity, or gender expressions, or to reduce or eliminate sexual or romantic attractions or feelings toward a person of the same gender."

Writing for the court, Circuit Judge D. Brooks Smith held that "over the last few decades a number of well-known, reputable professional and scientific organizations have publicly condemned the practice of SOCE, expressing serious concerns about its potential to inflict harm," and that "[m]any such organizations have also concluded that there is no credible evidence that SOCE counseling is effective."

The constitutionality of the New Jersey law was challenged in August 2013 in a lawsuit filed by anti-LGBT groups primarily representing therapists who engage in the prohibited practices. The case was assigned to federal district judge Freda Wolfson, who held that the law was a valid exercise of the state's authority to regulate medical professionals to protect public health and safety. That ruling was appealed and heard by a three-judge panel of the Third Circuit in July 2014.

While applying a higher standard of review, the Third Circuit upheld Judge Wolfson's judgment that the law is constitutional, stating: "Legislatures are entitled to rely on the empirical judgments of independent professional organizations that possess specialized knowledge and experience concerning the professional practice under review, particularly when this community has spoken with such urgency and solidarity on the subject."

In the fall of 2013, Garden State Equality filed a successful motion to intervene in the lawsuit to defend the law alongside New Jersey Acting Attorney General John Jay Hoffman, who represents the State of New Jersey defendants. Garden State Equality is represented in the case by the National Center for Lesbian Rights ( NCLR ) and the law firms of Kirkland & Ellis LLP and Gluck Walrath LLP. David Flugman of Kirkland & Ellis argued the case on behalf of Garden State Equality.

"The court's decision today is a major victory for the thousands of young people who will now be protected from these dangerous and horrific practices," said Andrea Bowen, Garden State Equality's executive director. "No one should subject minors to conversion therapy—least of all state-licensed clinicians responsible for the care and well-being of their patients."

Shannon Minter, NCLR's Legal Director, said "This decision means that New Jersey youth will continue being protected from cruel and damaging practices that have been rejected by all leading medical and mental health professional organizations. The court of appeals' ruling makes clear that state-licensed therapists do not have a constitutional right to engage in discredited practices that offer no health benefits and put LGBT youth at risk of severe harm, including depression and suicide. We thank Acting Attorney General John Jay Hoffman, Deputy Attorney General Susan Marie Scott, and the entire legal team at the Office of the Attorney General for their work defending this essential law."

The New Jersey law, known as Assembly Bill A3371, had seventeen primary and co-sponsors in the Assembly and was signed into law by Governor Chris Christie on August 19, 2013. In the Governor's Statement Upon Signing, Governor Christie noted the "critical health risks" posed by conversion therapy, including "depression, substance abuse, social withdrawal, decreased self-esteem and suicidal thoughts."

The National Center for Lesbian Rights is a national legal organization committed to advancing the human and civil rights of the lesbian, gay, bisexual, and transgender community through litigation, public policy advocacy, and public education. www.NCLRights.org


This article shared 3836 times since Thu Sep 11, 2014
facebook twitter google +1 reddit email

Out and Aging
Presented By

  ARTICLES YOU MIGHT LIKE

Gay News

2024 'Nike Basketball Camps with the Chicago Sky' announced 2024-03-28
- The Chicago Sky officially announced, in a debut collaboration with Nike Sports Camps, 2024 summer basketball camps for Chicagoland youth. Two camps for boys and girls ages 7-15 will take place June 17-21 and July 8-12 ...


Gay News

Nex Benedict's autopsy report released 2024-03-27
- The full autopsy report for Nex Benedict (he/they)—a 16-year-old transgender and Indigenous student from Oklahoma's Owasso High School who died in February a day after a school fight—has been released. The Oklahoma Office of the Chie ...


Gay News

Former Chicago Girl Scouts CEO Brooke Wiseman to receive Luminary Award 2024-03-22
- Brooke Wiseman, a now-retired nonprofit leader in the Chicago area, spent most of her career creating leadership development opportunities for girls and women—and making sure that hungry children could be fed. While leading Girl Scouts of ...


Gay News

Windy City Times seeks nominations for 30 Under 30 Awards 2024-03-18
--From a press release - CHICAGO—After a four-year hiatus, Windy City Times has revived its 30 Under 30 Awards. Windy City Times is seeking to recognize 30 more outstanding LGBTQ+ individuals (and allies). Nominees should be 30 years or younger as ...


Gay News

One Roof Chicago launches youth-focused workforce development program 2024-03-14
- One Roof Chicago (ORC) is set to launch its first training, education and job placement program for LGBTQ+ young adults in late spring. This Community Health Workers and Elder Care program is a part of ORC's ...


Gay News

UPDATE: Nex Benedict's death ruled a suicide; family responds 2024-03-13
- A medical examiner's report concluded that the cause of death of Oklahoma student Nex Benedict (he/they) was suicide, media reports confirmed. Benedict—a 16-year-old transgender student—died Feb. 8, a day after ...


Gay News

Center on Halsted hosts 6th Annual Intergenerational Talent Show 2024-03-03
- On the evening of Feb. 29, Center on Halsted held its 6th Annual Intergenerational Talent Show in front of a packed audience at the Hoover-Leppen Theater. The event brought together participants of the Center's youth and senior ...


Gay News

Federal investigation initiated in Nex Benedict case 2024-03-02
- The U.S. Department of Education's Office for Civil Rights has started an investigation into the Oklahoma school district where Nex Benedict, a transgender 16-year-old sophomore, went to school and was bullied before his death, The Advocate ...


Gay News

Court blocks Texas attorney general's demand for PFLAG data 2024-03-01
- From a press release: AUSTIN, Texas—Travis County District Court Judge Maria Cantú Hexel on March 1 blocked the latest effort by the Texas Attorney General's Office to persecute Texas families with transgender youth, temporarily haltin ...


Gay News

NATIONAL School items, HIV/AIDS activist dies, Nex Benedict, inclusive parade 2024-03-01
- In a new survey, the Pew Research Center asked public K-12 teachers, teens and the U.S. public about the ongoing scrutiny placed on classroom curricula, mainly regarding race and LGBTQ+ identities, ABC News noted. Among other ...


Gay News

Appeals court allows Ind. ban on gender-affirming care for minors 2024-03-01
- On Feb. 27, a federal appeals court in Chicago allowed Indiana's ban on gender-affirming care to go into effect, removing a temporary injunction that U.S. District Court Judge James Patrick Hanlon issued last year, ABC News ...


Gay News

Activists and others urge removal of Oklahoma schools superintendent after Nex Benedict death 2024-02-28
- TULSA, OKLAHOMA—Today more than 350 national, state, and local organizations advocating for equality across the U.S., alongside notable public figures, issued an open letter to Oklahoma legislative leadership urging justice ...


Gay News

911 calls, videos show cascade of failures in Nex Benedict's death, GLAAD responds 2024-02-24
- "It is haunting to hear Nex Benedict, in their own words, describe how school and state leaders failed, at every level of leadership, to keep them safe from bullying and harm. Less than 24 hours later, ...


Gay News

Oklahoma non-binary student dies after being assaulted 2024-02-21
- Officials acknowledged there are unresolved questions about a 16-year-old non-binary Oklahoma student who died one day after a fight in a high school bathroom, NBC News noted. Chuck Hoskin Jr., principal chief of the Cherokee Nation, ...


Gay News

Owasso High School student of Bridge v. Oklahoma State Board of Education case dies, groups respond 2024-02-20
--From press releases - Oklahoma City, Okla. — In response to the death of 16-year-old Owasso High School student Nex Benedict following an assault in the school restroom, Lambda Legal, the American Civil Liberties Union, and the ACLU of Oklahoma ...


 


Copyright © 2024 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.

All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transgender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 
 

TRENDINGBREAKINGPHOTOS







Sponsor


 



Donate


About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots
Identity      BLACKlines      En La Vida      Archives      Advanced Search     
Windy City Queercast      Queercast Archives     
Press  Releases      Join WCMG  Email List      Email Blast      Blogs     
Upcoming Events      Todays Events      Ongoing Events      Bar Guide      Community Groups      In Memoriam     
Privacy Policy     

Windy City Media Group publishes Windy City Times,
The Bi-Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.