The U.S. Court of Appeals for the Third Circuit has upheld a New Jersey law banning “conversion therapy” for gay teens, declaring it a permissible prohibition on professional speech.
The Third Circuit ruling affirmed, albeit on different grounds, a decision by a federal judge in Trenton, N.J., that dismissed a challenge to the case by counselors who conduct gay conversion therapy. While the U.S. District Court for the District of New Jersey sidestepped the challengers’ First Amendment argument by labeling conversion therapy as conduct, and not speech, the Third Circuit said such counseling is speech but is not entitled to full First Amendment protection when it involves a licensed professional practicing his trade.
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