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Today, the United States Court of Appeals for the Third Circuit issued its decision in King v. Christie, Liberty Counsel’s case on behalf of licensed mental health professionals who are providing and families who are receiving counseling to reduce or eliminate their unwanted same-sex attractions, behaviors, or identity.

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. 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. 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.

Please continue to pray for this case, and for our clients who were greatly benefiting from this therapy.

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