October 11th, 2018
Contact: Tyler Cherry,

Selendy & Gay Wins Pro Bono Victory
Maintaining Ban on LGBTQ Conversion Therapy

New Jersey’s Ban on Conversion Therapy Upheld on “National Coming Out Day”

NEW JERSEY – In a victory for Selendy & Gay and its client, Garden State
Equality, as well as for thousands of LGBTQ youth across New Jersey, the Third
Circuit Court of Appeals today denied a procedural motion to reverse a 2014
decision affirming New Jersey’s ban on “sexual orientation change efforts”
(“SOCE”), also known as ex-gay or gay conversion therapy. The ruling comes on
“National Coming Out Day.”

In 2013, with bipartisan support, New Jersey lawmakers passed and then-Governor
Chris Christie signed A3371, a law protecting minor patients from the harmful
practice of SOCE by state-licensed mental health professionals. The law was
challenged, and after making its way through the U.S. District Court for the
District of New Jersey and the Third Circuit Court of Appeals, was unanimously

The motion filed by the Plaintiffs, argued that a 2018 Supreme Court decision in
National Institute of Family and Life Advocates v. Becerra, 138 S. Ct. 2361 (2018)
(“NIFLA”), a case adjudicating the constitutionality of a California statute
mandating that certain state-licensed clinics provide information regarding
abortion services to pregnant women, rendered New Jersey’s law banning SOCE
unconstitutional and warranted a recall of the Third Circuit’s previous mandate
and reversal of the earlier decision upholding the law. The NIFLA decision did no
such thing, and the Third Circuit today rightly rejected this extraordinary and
baseless motion.

“This last-ditch effort seeking to undermine several Courts’ rulings upholding the
ban on conversion therapy should never have been filed in the first place, and
today’s ruling is a victory for LGBTQ youth across New Jersey,” said David
Flugman, Partner at Selendy & Gay. “Conversion therapy has no medical basis in
fact and has been roundly condemned as junk science. Today’s ruling reaffirms New
Jersey’s critical, life-saving law, which protects LGBTQ youth from being subjected
to these harmful practices.”

Selendy & Gay partnered with the National Center for Lesbian Rights in
representing pro bono Garden State Equality and thousands of LGBTQ New Jersey