Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword or section
Like this
3Activity
0 of .
Results for:
No results containing your search query
P. 1
2:12-cv-02497 #1

2:12-cv-02497 #1

Ratings: (0)|Views: 12,847|Likes:
Published by Equality Case Files
Doc #1 - Complaint
Doc #1 - Complaint

More info:

Published by: Equality Case Files on Oct 12, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

10/12/2012

pdf

text

original

 
Complaint for Declaratory Judgment, Injunctive Relief and Nominal Damages - 1
Mary E. McAlister
1
California Bar Number 148570
2
Liberty Counsel
3
P.O. Box 11108
4
Lynchburg, VA 24506
5
(434) 592-7000 (telephone)
6
(434) 592-7700 (facsimile)
7
8
Attorney for Plaintiffs
91011
UNITED STATES DISTRICT COURT
12
EASTERN DISTRICT OF CALIFORNIA
13
SACRAMENTO DIVISION
1415
DAVID PICKUP, CHRISTOPHER H.
16
ROSIK, PH.D., JOSEPH NICOLOSI, PH.D,
17
ROBERT VAZZO, NATIONAL ASSOCIATION FOR
18
RESEARCH AND THERAPY OF HOMOSEXUALITY
19
(NARTH), AMERICAN ASSOCIATION OF CHRISTIAN
20
COUNSELORS (AACC), JOHN DOE 1, by and through JACK
21
AND JANE DOE 1, JACK DOE 1, individually, and
22
JANE DOE 1, individually,
23
JOHN DOE 2, by and through JACK
24
AND JANE DOE 2, JACK DOE 2, individually, and
25
JANE DOE 2, individually
2627
Case No.:______________________
28
Plaintiffs
29
v. Complaint
3031
EDMUND G. BROWN, Jr., Governor of the State
32
of California,
in his official capacity
, ANNA
33
M. CABALLERO, Secretary of the California
34
State and Consumer Services Agency,
in her 
35
official capacity
, KIM MADSEN, Executive
36
Officer of the California Board of Behavioral
37
Sciences,
in her official capacity
, MICHAEL
38
ERICKSON, PH.D, President of the California
39
Board of Psychology,
in his official capacity
;
40
SHARON LEVINE, President of the Medical
41
Board of California,
42
in her official capacity
.
4344
Defendants.
45
 
Complaint for Declaratory Judgment, Injunctive Relief and Nominal Damages - 2
COMPLAINT FOR DECLARATORY JUDGMENT, PRELIMINARY AND
1
PERMANENT INJUNCTIVE RELIEF, AND NOMINAL DAMAGES
23
Come now Plaintiffs, DAVID PICKUP, CHRISTOPHER H. ROSICK, PH.D., ROBERT
4
VAZZO, JOSPEH NICOLOSI, PH.D., NATIONAL ASSOCIATION FOR RESEARCH AND
5
THERAPY OF HOMOSEXUALITY (NARTH), the AMERICAN ASSOCIATION OF
6
CHRISTIAN COUNSELORS (AACC), JOHN DOE 1, by and through JACK and JANE DOE 1,
7
JACK DOE 1, individually, JOHN DOE 2, by and through JACK AND JANE DOE 2, JACK
8
DOE 2, individually, and JANE DOE 2, individually
(“Plaintiffs”)
, by and through their
9
undersigned counsel, and file this civil action to respectfully request this Court to issue
10
Injunctive and Declaratory Relief and award nominal Damages for constitutional violations
11
described below. In support, Plaintiffs aver unto the Court as follows:
12
INTRODUCTION
13
1.
 
Plaintiffs bring this civil action to prevent newly passed California Business and
14
Professions Code §§ 865, 865.1, 865.2 (“SB 1172”)
from violating their respective federal and
15
state constitutional guarantees of Freedom of Speech, Free Exercise of Religion, and the
16
fundamental right to direct the upbringing of on
e’s child
.
This law goes into full effect January
17
1, 2013, and thus time is of the essence to obtain judicial relief because Plaintiffs, and the
18
members of the associations, face irreparable harm.
 
19
2.
 
Plaintiffs Jack and Jane Doe 1, and Jack and Jane DOE 2, have the fundamental
20
right, as parents, to direct the upbringing and education of their children, Plaintiff John Doe 1,
21
and Plaintiff John DOE 2, respectively, and to do so free from unconstitutional government
22
interference, and have the First Amendment and state constitutional rights as parents to engage in
23
constitutionally protected speech and religious freedom, including the right to receive
24
information and to provide information to their children.
25
 
Complaint for Declaratory Judgment, Injunctive Relief and Nominal Damages - 3
3.
 
Plaintiffs John Doe 1 and John DOE 2, have First Amendment and state
1
constitutional rights as minors to engage in constitutionally protected speech and religious
2
freedom, and the right not only to speak, but also to receive information.
3
4.
 
Plaintiffs David Pickup, Dr. Joseph Nicolosi, Dr. Christopher Rosik, Robert
4
Vazzo, and other NARTH members in and outside of California as well as AACC members in
5
and outside of California who either engage in or refer to someone who do engage in counseling
6
that honors a client’s autonomy and right to self 
-determination to prioritize and their religious
7
and moral values above unwanted same-sex sexual attractions and who want to align their values
8
with a counselor who can address these values, have the First Amendment and state
9
constitutional rights as counselors, to engage in constitutionally protected speech and religious
10
freedom
, which includes their clients’ right of self 
-determination, their right to provide and
11
receive counsel based on their religious and moral values, and their right to counsel their clients
12
without governmentally imposed and unconstitutional viewpoint-based restrictions.
13
5.
 
SB 1172 denies Plaintiffs John Doe 1 and John DOE 2, as well as all other minors
14
in California their right to self-determination, their right to prioritize their religious and moral
15
values, and their right to receive counseling consistent with those values, by preventing them
16
from seeking counseling to address the conflict and confusion about or questions concerning
17
their unwanted same-sex sexual attractions and to seek to reduce or eliminate their unwanted
18
same-sex sexual attractions, including but not limited to sexual orientation change efforts
19
(SOCE).
20
6.
 
By denying Plaintiffs and all minors access to counseling that can help minors
21
who desire to reduce or eliminate their unwanted same-sex attractions, SB 1172 infringes on the
22
fundamental rights of Jack and Jane Doe 1, and Jack and Jane DOE 2 to direct the upbringing
23

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->