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KING v. GOVERNOR OF THE STATE OF NEW JERSEY

No. 13-4429.

767 F.3d 216 (2014)

Tara KING, Ed. D. Individually and On Behalf of Her Patients; Ronald Newman, Ph. D., Individually and On Behalf of His Patients; National Association for Research and Therapy of Homosexuality, (Narth); American Association of Christian Counselors, Appellants v. GOVERNOR OF THE STATE OF NEW JERSEY; Eric T. Kanefsky, Director of the New Jersey Department of Law and Public Safety: Division of Consumer Affairs, In His Official Capacity; Milagros Collazo, Executive Director of the New Jersey Board of Marriage and Family Therapy Examiners, In Her Official Capacity; J. Michael Walker, Executive Director of the New Jersey Board of Psychological Examiners, In His Official Capacity; Paul Jordan, President of the New Jersey State Board of Medical Examiners, In His Official Capacity Garden State Equality (Intervenor in D.C.).

United States Court of Appeals, Third Circuit.

Filed: September 11, 2014.

Attorney(s) appearing for the Case

Mary E. McAlister, Esq. , Daniel J. Schmid, Esq. , Lynchburg, VA, Anita L. Staver, Esq. , Mathew D. Staver , [Argued], Liberty Counsel, Orlando, FL, Demetrios K. Stratis, Esq. , Fairlawn, NJ, for Appellants.

Robert T. Lougy, Esq. , Eric S. Pasternack, Esq. , Susan M. Scott , [Argued], Office of Attorney General of New Jersey, Richard J. Hughes Justice Complex, Trenton, NJ, for Appellee.

Shireen A. Barday, Esq. , David S. Flugman, Esq. , [Argued], Frank M. Holozubiec, Esq. , Andrew C. Orr , Kirkland & Ellis, New York, NY, Andrew Bayer, Esq. , Gluck Walrath, Trenton, NJ, Shannon P. Minter, Esq. , Christopher F. Stoll, Esq. , Amy Whelan, Esq. , National Center for Lesbian Rights, San Francisco, CA, for Intervenor Appellee.

Mordechai Biser, Esq. , Agudath Israel of America, Ronald D. Coleman, Esq. , Goetz Fitzpatrick, Esq. , New York, NY, Jonathan C. Dalton, Esq. , Alliance Defending Freedom, Scottsdale, AZ, Amicus Appellant.

Kristy K. Marino, Esq. , Eileen R. Ridley, Esq. , Foley & Lardner, Sandford J. Rosen, Esq. , Rosen, Bien & Galvan, San Francisco, CA, Suman Chakraborty, Esq. , Squire Patton Boggs LLP, Hayley J. Gorrenberg, Esq. , Lambda Legal Defense & Education Fund, Inc., Lisa A. Linsky, Esq. , McDermott, Will & Emery, Tanya E. Kalivas, Esq. , Arnold & Porter, New York, NY, Curtis C. Cutting, Esq. , Horvitz & Levy, Encino, CA, Emily B. Goldberg, Esq. , McCarter & English, Newark, NJ, Amicus Appellee.

Before: SMITH, VANASKIE, and SLOVITER, Circuit Judges.

OPINION

SMITH, Circuit Judge.

A recently enacted statute in New Jersey prohibits licensed counselors from engaging in "sexual orientation change efforts"1 with a client under the age of 18. Individuals and organizations that seek to provide such counseling filed suit in the United States District Court for the District of New Jersey, challenging this law as a violation of their First Amendment rights to free speech and free exercise...

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