NEW JERSEY: Liberty Counsel Appeals "Ex-Gay" Torture Ban To SCOTUS

On Monday the Third Circuit Court handed the Liberty Counsel their fifth consecutive loss in their battle to repeal bans on "ex-gay" torture. And because they are gluttons for punishment, here comes the inevitable appeal to SCOTUS, which smacked them down on California's ban just a few months ago.

Liberty Counsel asked the Court to grant review to resolve the divergent decisions among the circuit courts of appeal concerning the appropriate level of scrutiny that regulations of speech between a counselor and client or doctor and patient receive. A3371 barges into the counselor’s office to declare that only counseling and discussion affirming or encouraging same-sex attractions, behavior, or identity is permissible in New Jersey, regardless of the client’s sincerely held religious beliefs to the contrary. “The State has no authority to silence only one viewpoint on same-sex attractions, behaviors, or identity,” said Staver. “Laws restricting what counseling a minor can receive based solely on its content or viewpoint concerning same-sex attractions, behaviors, or identity are simply unconstitutional and should be struck down,” Staver concluded. “The Third Circuit’s decision ran roughshod over the First Amendment, and the Supreme Court needs to review and reverse that decision,” said Staver.

See the full brief.

Liberty Counsel: We're Taking Our "Ex-Gay" Crusade Back To SCOTUS

Back in June, the Supreme Court rejected Liberty Counsel's appeal of the Ninth Circuit Court ruling that upheld California's ban on the "ex-gay" torture of LGBT youth. Yesterday the Third Circuit Court upheld New Jersey's ban. But Liberty Counsel today claims to have a way to get back in front of SCOTUS.

While the Third Circuit upheld the ban on change counseling, the decision conflicts with the Ninth Circuit Court of Appeals in the Pickup case involving a virtually identical law. In Pickup, the federal Court of Appeals found that professional counseling was not speech worthy of First Amendment protection, but in King the federal Court of Appeals found that such counsel is speech protected by the First Amendment. In fact, the King case found that the restriction on speech was content and possibly even viewpoint-based, but then instead of using what is called “strict scrutiny” for review, the court applied an “intermediate” level of review similar to commercial speech. This significant conflict as to whether counsel by licensed counselors is speech or not and what level, if any, of First Amendment protection such counsel should receive is significant and will need resolution by the U.S. Supreme Court.

“The laws banning counseling in this area are simply unconstitutional violations of free speech,” said Mat Staver, Founder and Chairman of Liberty Counsel. “While we are disappointed in the overall decision to uphold the law, we are glad that the Third Circuit finally recognized that the counseling that takes place with these minors is entitled to First Amendment protection. The Ninth Circuit flatly ignored that obvious truth and called this conduct not entitled to any protection,” Staver continued. “Liberty Counsel will ask the Supreme Court to review this decision, and we will not stop fighting until these laws are relegated to the dustbins of history,” Staver said. "Any decision upholding restrictions on what a counselor may say or a client may hear weakens the First Amendment and ultimately hurts counselors and clients,” concluded Staver.

NEW JERSEY: Third Circuit Court Upholds Ban On "Ex-Gay" Torture Of LGBT Youth

The Third Circuit Court of Appeals today upheld New Jersey's ban on the "ex-gay" torture of LGBT youth. A similar ban was recently upheld in California. This is yet another loss for NARTH, the Liberty Counsel, and Alliance Defending Freedom.

PENNSYLVANIA: Third Circuit Denies Clerk's Demand For En Banc Review

Via LGBTQ Nation:

A federal appeals court has rejected a Pennsylvania county clerk’s latest effort to overturn a federal judge’s ruling allowing same-sex couples to marry in the state. The U.S. Court of Appeals for the Third Circuit on Monday denied a request by Theresa Santai-Gaffney, the Register of Wills and Orphans’ Court Clerk for Schuylkill County, Pa., seeking an “en banc” hearing in her bid to gain standing to defend the state’s ban on same-sex marriage. Gov. Tom Corbett’s administration was defending the law, but declined to appeal the May 20 ruling, allowing for Pennsylvania to become the 19th state to legalize same-sex marriage. Santai-Gaffney, who is represented by the Alliance Defending Freedom — a conservative legal group also representing clerks in Virginia and Oklahoma same-sex marriage cases — asked the U.S. Supreme Court last month to stop same-sex marriages in Pennsylvania. Without comment, Justice Samuel Alito rejected that motion. Santai-Gaffney is expected to return to the Supreme Court to appeal the Third Circuit decision.

And the Alliance Defending Freedom loses again. (Tipped by JMG reader Christopher)

RELATED: Same-sex marriage is now legal in all of the states under the jurisdictions of the First, Second, and Third Circuit Court of Appeal. Pro-marriage rulings have been issued by the Fourth, Ninth, and Tenth Circuit Court. Of the eleven Circuit Courts, only five have not yet ruled on same-sex marriage: the Fifth, Sixth, Seventh, Eighth, and Eleventh. On Wednesday, the Sixth Circuit Court will hear marriage cases from every state in its jurisdiction. There is a possibility, however slim, that we could get there nationwide without SCOTUS.