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Tara King, ED.D, et al. v. Christie, et al., Opinion

Tara King, ED.D, et al. v. Christie, et al., Opinion

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Opinion of Judge Freda L. Wolfson, of the District Court for the District of New Jersey, finding that New Jersey’s law banning gay conversion therapy is constitutional, and granting the State’s cross-motion for summary judgment.
Opinion of Judge Freda L. Wolfson, of the District Court for the District of New Jersey, finding that New Jersey’s law banning gay conversion therapy is constitutional, and granting the State’s cross-motion for summary judgment.

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Published by: FindLaw on Jan 15, 2014
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01/29/2014

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*FOR PUBLICATION
 
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY 
 
The Honorable Freda L. Wolfson, U.S.D.J.
 ___________________________________
:
TARA KING, ED.D.,
et al.
,
 
Civil Action No. 13-5038
 :
Plaintiffs,
:
OPINION
 :
 vs.
: : CHRISTOPHER CHRISTIE
, Governor of New Jersey,
et al.,
:
Defendants.
 :
 _______________________________________
:
Appearances:
Counsel for Plaintiffs Counsel for Proposed Intervenor
Demetrios K. Stratis, Esq. Andrew Bayer, Esq. Law Office of Demetrios K. Stratis, LLC Gluck Walrath, LLP 10-04 River Road 428 Riverview Plaza Fair Lawn, NJ 07410 Trenton, NJ 08611
Counsel for Defendants
Susan Marie Scott, Esq. Eric S. Pasternack, Esq. Robert T. Lougy, Esq. Office of the NJ Attorney General R.J. Hughes Justice Complex Po Box 112 Trenton, NJ 08625
Case 3:13-cv-05038-FLW-LHG Document 57 Filed 11/08/13 Page 1 of 66 PageID: 1461
 
2
On August 19, 2013, New Jersey Governor Christopher J. Christie signed into law Assembly Bill Number A 
3371 (“A3371”)
 (codified at N.J.S.A. 45:1-54, -55),
1
 which prohibits New Jersey state licensed practitioners, who provide professional counseling services, from treating minors using methods of Sexual Orientation
Change Efforts (“SOCE”),
more commonly
known as “gay conversion
 therapy 
;”
 A3371 became effective on the same date. The Bill is the second piece of legislation of its kind in the nation, with California having been the first state to successfully enact such a law.
2
 In passing this statute, the New Jersey Legislature determined,
inter alia
, that this type of treatment subjects minors to potentially harmful consequences. Challengers to the constitutionality of A3371 are Plaintiffs, Tara King Ed.D. and Ronald Newman, Ph.D., who are individual licensed therapists, as well as the National Association for Research and Therapy of Homosexuality
(“NARTH”) and
the American Association of Christian Counselors
(“AACC”) (collectively, “Plaintiff 
s
”)
, whose members include various
1
 
 At the time Plaintiffs brought this suit, Assembly Bill A3371 had not  been codified as a statute, and thus, the parties refer in their papers to the now-codified statute as A3371. In this Opinion, the Court will interchangeably use A3371 or N.J.S.A. 45:1-54. -55.
2
 
Challengers of the California statute were unsuccessful in overturning the law. The Ninth Circuit Court of Appeals, in
 Pickup v.  Brown
, 728 F.3d 1042 (9th
Cir. 2013), recently held that California’s
statute banning licensed professionals from practicing SOCE is constitutional.
Case 3:13-cv-05038-FLW-LHG Document 57 Filed 11/08/13 Page 2 of 66 PageID: 1462
 
3
licensed professionals who practice or wish to engage in SOCE.
 3
 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”
 or the
“State”
). Plaintiffs also bring constitutional claims on behalf of the licensed professionals
’ minor clients and the clients’ parents.
4
 Presently  before the Court are cross motions for summary judgment.
5
 During the pendency of the briefing, Proposed Intervenor, Garden State Equality
(“Garden State”)
, moved to intervene as a defendant in this case, or in the alternative, it sought
amicus curiae
 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
Plaintiffs’
 First  Amendment rights -- freedom of speech and free religious expression.
3
 
There is no dispute that NARTH and AACC have associational standing to bring claims on behalf of their members.
4
 
 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.
 See
 
 Doe v. Christie, et al.
, Civ. No. 13-6629(FLW).
5
 
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.
Case 3:13-cv-05038-FLW-LHG Document 57 Filed 11/08/13 Page 3 of 66 PageID: 1463

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