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.