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3:13-cv-05038 #3

3:13-cv-05038 #3

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Published by Equality Case Files
Doc 3 - Application for Temporary Restraining Order and/or Preliminary Injunction
Doc 3 - Application for Temporary Restraining Order and/or Preliminary Injunction

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Published by: Equality Case Files on Aug 27, 2013
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12/27/2013

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Motion for Temporary Restraining Order and Preliminary Injunction - 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
APPLICATION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION
COME NOW Plaintiffs, DR. TARA KING, DR. RONALD NEWMAN, on behalf of themselves and their patients, NATIONAL ASSOCIATION FOR RESEARCH ANDTHERAPY OF HOMOSEXUALITY (
 NARTH
), the AMERICAN ASSOCIATION OF
Case 3:13-cv-05038-FLW-LHG Document 3 Filed 08/23/13 Page 1 of 26 PageID: 61
 
Motion for Temporary Restraining Order and Preliminary Injunction - 2
CHRISTIAN COUNSELORS
(“
AACC
) (collectively
“Plaintiffs”)
, by and through theundersigned counsel, and pursuant to Rule 65 of the Federal Rules of Civil Procedure and LocalRule 7.1, move this Court to issue a Temporary Restraining Order and/or a PreliminaryInjunction and state:1.
 
Plaintiffs bring this Application for this Court to immediately restrain the enforcement of 
 New Jersey Assembly Bill Number 3371, “An Act concerning the protection of minors from
attempts to change sexual orientation,
(“
A3371
”)
from violating their respective federal andstate constitutional guarantees of Freedom of Speech, Free Exercise of Religion, and the
fundamental right to direct the upbringing of one’s child
.
Governor Christie signed
 
this law onAugust 19, 2013, it went into effect immediately, and thus time is of the essence to obtain judicial relief because Plaintiffs, their clients, and the members of the Plaintiff Associationsare currently suffering immediate and irreparable injury to their most cherishedconstitutional liberties.
 2.
 
Plaintiffs Dr. Tara King, Dr. Ronald Newman, and other NARTH and AACC members
and Plaintiffs’ clients are currently
suffering irreparable harm that warrants the issuance of aninjunction. A3371 prohibits them from engaging in or referring to a licensed professional whoengages in counseling with a minor that honors the
client’s autonomy and right to self 
-determination to prioritize his or her religious and moral values above unwanted same-sex sexualattractions, behaviors, or identities. A3371 also prohibits SOCE counseling by a licensed professional to a minor client who wants to align his or her values with a counselor who canaddress these values,
even when the minor’s parents are in complete agreement with the SOCE
counseling. In fact, however, such counseling is protected by the First Amendment and NewJersey constitutional rights. Plaintiff counselors have a First Amendment right to engage in
Case 3:13-cv-05038-FLW-LHG Document 3 Filed 08/23/13 Page 2 of 26 PageID: 62
 
Motion for Temporary Restraining Order and Preliminary Injunction - 3
constitutionally protected speech with their minor clients, and the clients have the right of self-determination and the right to receive the counsel they desire. This counseling is also protected by the First Amendment right to the free exercise of religion,
which includes the clients’
right toreceive counsel based on their religious and moral values. In addition, both Plaintiffs and their clients have the right to engage in this counseling without governmentally imposed andunconstitutional viewpoint-based restrictions.3.
 
Consequently, Plaintiffs seek immediate injunctive relief restraining Defendants fromenforcing A3371 because it violates: (1) the rights of Plaintiffs and their clients to freedom of speech and free exercise of religion, guaranteed by the First and Fourteenth Amendments to theUnited States Constitution, and (2) the rights of Plaintiffs and their patients to liberty of speechand free exercise and enjoyment of religion, guaranteed by Article I, §§ 3, 5, and 6 of the NewJersey Constitution
, and (3) the Fourteenth Amendment rights of the parents of Plaintiffs’ clients
to direct the upbringing of their child.4.
 
Pursuant to Fed. R. Civ. P. 65(b)(1), Plaintiffs’ have sufficiently alleged that immediate
and irreparable injury is currently being imposed on them and their clients by prohibiting thecounseling that both the counselor seeks to provide and the clients wish to receive such thatimmediate injunctive relief is warranted.5.
 
Plaintiffs have provided Defendants with notice and a copy of all pleadings via email to
the Attorney General’s office.
 
GENERAL FACTUAL ALLEGATIONS
6.
 
Contemporaneous with this Motion, Plaintiffs filed a Complaint seeking DeclaratoryJudgment, Injunctive Relief, and Damages.
Case 3:13-cv-05038-FLW-LHG Document 3 Filed 08/23/13 Page 3 of 26 PageID: 63

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