All Things in Moderation

The Sixth Circuit recently heard oral arguments on an interesting “free exercise” case. However, the case also addresses free speech issues and the role of counselor among other thought provoking issues. As a liberal lawyer who was raised in an evangelical home and is now a practicing Catholic (there’s a joke in there somewhere) and since I know one of the lawyers involved in the case, I find the case very interesting. The basic facts are that a student, Julea Ward, enrolled in the counseling program at Eastern Michigan University and subsequently refused to talk with patients about their homosexual feelings. Ms. Ward was dismissed from the program and subsequently sued the University. The District Court granted Summary Judgment to the University, and Ward filed an appeal with the 6th Circuit who heard oral arguments in early October. A decision is expected some time in November.

Not to wade too deeply into the factual weeds, but the University’s program is accredited by the American Counseling Association and must follow the ACA’s Code of Ethics. It is this Code of Ethics that Ms. Ward was accused of violating and which led to her dismissal. There are programs that aren’t accredited by the ACA where Ms. Ward could have attended and possibly avoided this conflict. However, since she hired an attorney 3 years before she was kicked out of the program, it seems that she was probably actively seeking out this fight. To be fair to Ms. Ward, there is literature that supports the notion that it is appropriate to refer clients to another counselor where your personal beliefs may cause a conflict. So it does seem that the ACA and the University’s position on the Code of Ethics is not without it’s holes.

I have a hard time seeing this as a violation of the free exercise clause, or any other Constitutional right for that matter. As the District Court pointed out, this was a narrowly constructed rule that applied only to counseling students and only when they are speaking with a client. It also seems aimed at preventing clients from feeling judged by their counselor.

An interesting side note to this is that the Michigan Attorney General, Bill Schuette, filed a brief in support of Ms. Ward so he took a position contrary to the interests of a State University. On the other hand, the ACLU sided against the little guy and in favor of the big University. If the 6th Circuit upholds the District Court’s ruling, expect Ms. Ward to appeal to the SCOTUS. If the 6th Circuit reverses the District Court, there are several scenarios; appeal en banc, appeal to the SCOTUS, settlement, take a chance at trial.

If you have the time, here are the ACA’s amicus brief, Ms. Ward’s brief, the AG’s brief.

EMU has a site that links to several different briefs and opinions.

Filed under: homosexuality, Supreme Court | Tagged: 6th Circuit | 26 Comments »