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3:13-cv-05038 #5

3:13-cv-05038 #5

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Published by Equality Case Files
Doc 5 - Plaintiffs' Proposed Order for TRO
Doc 5 - Plaintiffs' Proposed Order for TRO

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Published by: Equality Case Files on Aug 27, 2013
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Proposed Order Granting Motion for Temporary Restraining Order - 1
UNITED STATES DISTRICT COURTDISTRICT OF NEW JERSEYTRENTON DIVISIONTARA KING, ED.D.
, individually and on behalf of her patients,
RONALDNEWMAN, PH.D.
, individually and on behalf of his patients,
NATIONALASSOCIATION FOR RESEARCH ANDTHERAPY OF HOMOSEXUALITY(NARTH)
,
AMERICAN ASSOCIATIONOF CHRISTIAN COUNSELORS(AACC)
,Plaintiffs,v.
CHRISTOPHER J. CHRISTIE
, Governor of the State of New Jersey, in his officialcapacity,
ERIC T. KANEFSKY
, Director of the New Jersey Department of Law andPublic Safety: Division of Consumer Affairs,in his official capacity,
MILAGROSCOLLAZO
, Executive Director of the NewJersey Board of Marriage and FamilyTherapy Examiners, in her official capacity,
J. MICHAEL WALKER 
, ExecutiveDirector of the New Jersey Board of Psychological Examiners, in his officialcapacity;
PAUL JORDAN
, President of the New Jersey State Board of MedicalExaminers, in his official capacity,Defendants.Case No. 13-cv-5038
PROPOSED ORDER GRANTING PLAINTIFFS' MOTIONFOR TEMPORARY RESTRAINING ORDER THIS MATTER 
is before the Court on a motion for temporary restraining order filed byPlaintiffs, Dr. Tara King, Dr. Ronald Newman, the National Association for Research andTherapy of Homosexuality ("NARTH"), and the American Association of Christian Counselors
Case 3:13-cv-05038-FLW-LHG Document 5 Filed 08/23/13 Page 1 of 23 PageID: 213
 
Proposed Order Granting Motion for Temporary Restraining Order - 2
("AACC"). The court held oral argument on the motion on ________________ ____, 2013. Thecourt considered the record, including the motion, the complaint, the sworn declarations of the parties, the memorandum of law in support of the motion, and Defendants' responses thereto. Italso considered argument from both Plaintiff and Defense Counsel. After due consideration, thecourt is of the opinion that unless a temporary restraining order is issued, Plaintiffs will suffer serious and irreparable injury for which there is no adequate remedy at law. For the reasonsstated in this opinion and order, Plaintiffs' Motion for Temporary Restraining Order isGRANTED.
I. FINDINGS OF FACT
 Following the New Jersey Legislature's passage of A3371, Defendant Christopher J.Christie, signed the bill into law on or about August 19, 2013.
This law went into full effectupon being signed into law.
Section 2(a) of A3371 states:
“A person who is licensed to provide professi
onal counseling under Title 45 of the Revised Statutes, including, but not limited to, a psychiatrist, licensed practicing psychologist, certified social worker, licensed clinical social worker,licensed social worker, licensed marriage and family therapist, certified
 psychoanalyst, or a person who performs counseling as part of the person’s
 professional training for any of these professions, shall not engage in sexual
orientation change efforts with a person under 18 years of age.”
 Section 2(b) states:As used in this section, "sexual orientation change efforts" means 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 reduceor eliminate sexual or romantic attractions or feelings toward a person of thesame gender; except that sexual orientation change efforts shall not includecounseling for a person seeking to transition from one gender to another, or counseling that: (1) provides acceptance, support, and understanding of a person or facilitates a person's coping, social support, and identity explorationand development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices; and (2) does not seek tochange sexual orientation.
Case 3:13-cv-05038-FLW-LHG Document 5 Filed 08/23/13 Page 2 of 23 PageID: 214
 
Proposed Order Granting Motion for Temporary Restraining Order - 3
The law prohibits New Jersey mental health providers from providing any therapy aimedat changing
non-heterosexual 
sexual orientations, including any attempts to eliminate unwantedsame-sex attraction, behavior, identity, or sexual orientation (hereinafter 
sexual orientationchange efforts
or 
SOCE
”)
. The law fundamentally alters the therapist-client relationship bycreating contradictory ethical duties with and trumping client protections in the ethical codes of multiple mental health licensing agencies in New Jersey, including but not limited to thefollowing:
General Principle E of the American Psychological Association’s “Ethical Principles of Psychologists and Code of Conduct” (“APA Code”) inclu
des the following:
“Psychologists respect the dignity and worth of all people, and the rights of individuals to
 privacy, confidentiality, and self-
determination.” A3371 interferes with the self 
-determination of minors seeking SOCE therapy.Section 1(a) of the American Psychiatric Association Guidelines for Ethical Treatment
(“APA Guidelines”) states, “A psychiatrist shall not withhold information that the patient
needs or reasonably could use to make informed treatment decisions, including optionsfor treatment not provided by the psychiatrist." A3371 requires psychiatrists to withholdinformation regarding SOCE therapy that a patient reasonably could use to makeinformed treatment decisions.
Section 1(c) of the APA Guidelines states, “A psychiatrist shal
l strive to provide
 beneficial treatment that shall not be limited to minimum criteria of medical necessity.”
A3371 prohibits psychiatrists from providing beneficial SOCE treatment to those patientswho willingly consent to and desire such treatment.Opin
ion 10.01(2) of the American Medical Association Code of Ethics (“AMA Code”)states, “The patient has the right to make decisions regarding the health care that is
recommended by his or her physician. Accordingly, patients may accept or refuse any
 
recommen
ded medical treatment.” A3371 prohibits medical professionals from allowing
their patients to make any decision regarding the availability and benefits of SOCEtreatment. A3371 prohibits patients from being able to accept or reject SOCE treatment,even though the fundamental elements of the patient-physician relationship require thatthe patient have the full range of options.
Opinion 10.016 of the AMA Code states, “Medical decision
-making for pediatric patients
should be based on the child’s best interest
, which is determined by weighing many
factors, including effectiveness of appropriate medical therapies, the patient’s
 psychological and emotional welfare, and the family situation. When there is legitimateinability to reach consensus about what is in the best interest of the child, the wishes of 
Case 3:13-cv-05038-FLW-LHG Document 5 Filed 08/23/13 Page 3 of 23 PageID: 215

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