licensed professionals who practice or wish to engage in SOCE.
The named defendants are Governor Christie, Eric T. Kanefsky, Director of the
New Jersey Dep’t of Law and Public Safety, Milagros Collazo, Executive
Director of the New Jersey Board of Marriage and Family Therapy Examiners, J. Michael Walker, Executive Director of the New Jersey Board of Psychological Examiners, and Paul Jordan, President of the New Jersey
State Board of Medical Examiners (collectively, “Defendants”
). Plaintiffs also bring constitutional claims on behalf of the licensed professionals
’ minor clients and the clients’ parents.
Presently before the Court are cross motions for summary judgment.
During the pendency of the briefing, Proposed Intervenor, Garden State Equality
, moved to intervene as a defendant in this case, or in the alternative, it sought
status. On these motions, the parties raise a host of legal issues, the most significant of which focuses on whether, by prohibiting the practice of SOCE, the State has impermissibly infringed upon
First Amendment rights -- freedom of speech and free religious expression.
There is no dispute that NARTH and AACC have associational standing to bring claims on behalf of their members.
Within the last week, a minor client and his parents, represented by the same counsel as represents Plaintiffs here, filed a similar lawsuit against Defendants challenging the constitutionality of A3371. This matter also is assigned to me.
Doe v. Christie, et al.
, Civ. No. 13-6629(FLW).
Initially, Plaintiffs sought to preliminarily enjoin Defendants from enforcing A3371; however, during the pendency of that motion, the parties agreed to convert the preliminary injunction motion into one for summary judgment, with Defendants cross moving for summary judgment.
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