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NJ court upholds $3.5M fine for conversion therapy group

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Photo by Karsten Moran / Courtesy of SPLC
Photo by Karsten Moran / Courtesy of SPLC

A New Jersey appeals court has ruled that a so-called "conversion therapy" group must pay a $3.5 million fine and cease operations.

The group in question, the Jewish Institute for Global Awareness (JIFGA), is merely a new name for Jews Offering New Alternatives for Healing (JONAH), an organization previously barred from operating in New Jersey.

In a July 7 ruling, the New Jersey Appellate Division said the record showed that JIFGA is a "successor in interest to and continuation of" JONAH. The court's decision also affirmed a $3.5 million award for attorney fees and costs.

The trial court found JIFGA and JONAH shared the same co-founders, co-directors, phone number, and email address; occupied the same office space; and continued JONAH's practices of therapy referrals.

"Those findings are supported by the record," the appeals panel wrote.

Since JONAH had previously been fined and barred from operating in the state, its new incarnation, JIFGA, must cease operations and pay the $3.5 million fine, the court ruled.

The court also said that a crowdfunding campaign to raise money for Gay conversion therapy efforts violated previous court orders because it was "undisputed" that JIFGA retained some of the funds raised.

The court upheld a lower court ruling that organization leaders Arthur Goldberg and Elaine Berk violated an injunction order and settlement agreement by continuing to refer individuals to conversion therapy.

The appeals court pointed to "numerous email exchanges" in which Goldberg, and to a lesser extent Berk, communicated with people seeking, and therapists providing, conversion therapy. Goldberg and Berk also followed up about referral fees, the decision said.

Addressing the $3.5 million fine, the court said the "short and complete answer" is that the defendants agreed to those damages in a prior settlement agreement with New Jersey courts.

Thomas Kessler, an attorney for the plaintiffs in the case, hailed the decision.

"Conversion therapy hurts vulnerable people, and we hope that today's decisive victory sends a clear message that this harmful practice can and should be stopped," Kessler said in an email.