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14 April 2015

New Jersey ban on gay conversion therapy upheld

A challenge by a 15-year-old boy to New Jersey's ban on gay conversion therapy for minors was recently rejected in court.

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A federal appeals court on Monday rejected a fresh challenge to New Jersey's ban on so-called gay conversion therapy for minors, saying the prohibition does not violate the rights of either children or their parents.

Struggling with sexual identity

By a 3-0 vote, the 3rd U.S. Circuit Court of Appeals said the ban did not infringe the First Amendment rights of minors and their parents to receive information and exercise religion, or the rights of parents to decide how to raise their children.

The challenge came from a 15-year-old boy known as John Doe, who claimed to suffer from anxiety, panic attacks, self-hatred and suicidal thoughts as he struggled with his sexual identity, and his parents, who said they had sincere religious beliefs that homosexuality was sinful and harmful.

Read: 'Curing' homosexuality in the womb

The family plans to appeal to the U.S. Supreme Court, said their lawyer, Mathew Staver.

"It is a tragedy when people who are not in the counselling room try to dictate what the client wants to receive and what the counsellor is allowed to offer," Staver, chairman of Liberty Counsel, said in a phone interview.

Signed by Republican Governor Chris Christie in August 2013, New Jersey's law bans licensed counsellors from trying to convert homosexual minors into heterosexuals.

End to gay conversion therapy

The law was upheld last September by the same 3rd Circuit panel after counsellors claimed it violated their free speech rights.

Citing that ruling, which is also being appealed to the Supreme Court, Circuit Judge Dolores Sloviter on Monday said: "The listener's right to receive information is reciprocal to the speaker's right to speak."

She added: "The fundamental rights of parents do not include the right to choose a specific type of provider for a specific medical or mental health treatment that the state has reasonably deemed harmful."

Read: Gays more prone to depression

Monday's decision upheld a July 2014 ruling by U.S. District Judge Freda Wolfson in Trenton, New Jersey.

A spokesman for Christie did not immediately respond to requests for comment.

On April 8, President Barack Obama called for an end to gay conversion therapy for children, citing "overwhelming scientific evidence" that it was "neither medically nor ethically appropriate and can cause substantial harm."

The American Psychiatric Association in 1973 declassified homosexuality as a mental disorder. Some conservative and religious groups have said sexual orientation can be changed.

Read more:

Clinic mum over 'gay conversion' therapy

Bloem academy claims they can cure homosexuality

What makes people gay

Image: Depressed teenager from Shutterstock

 
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