Today the United States Supreme Court declined to take up Liberty Counsel’s lawsuit challenging a New Jersey law prohibiting counselors from providing, and minors from receiving, counseling to reduce unwanted same-sex attractions, behaviors, or identity. By refusing to hear the challenge, minors in New Jersey now have no freedom to seek counseling consistent with their sincerely held religious beliefs. Moreover, by allowing the case to stand, there remains a conflict among the federal circuit courts of appeal on the First Amendment speech claims of the counselors and the clients.

 The case was originally set for conference before all nine Justices in January, but rather than deciding at that time whether to hear the case, the Court reset the matter for conference on February 19. When the Court reset the case for a second conference, Supreme Court watchers began speculating that the Court would decide to hear the case, and thus the case became closely watched by Supreme Court experts. In the meantime, Justice Scalia died unexpectedly. Since his public viewing occurred on February 19, the follow up conference was moved to last Friday. One can only speculate whether Justice Scalia’s absence on the Court contributed to the announcement today not to hear the case.

Liberty Counsel challenged New Jersey’s prohibition on change therapy on behalf of a minor, who was receiving such counseling, and his parents, who desperately wanted to help their son live his life according to the dictates of his conscience and his religious beliefs and values. Prior to receiving this counseling, John Doe dealt with daily thoughts of suicide and depression. As a result of his counseling, however, John Doe was thriving and never dealt with anxiety, depression, or thoughts of suicide.

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