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Appeals Court Rejects Christian Student’s Bid for Reversal of Her Expulsion

December 19, 2011, 4:55 am

A federal appeals court on Friday upheld a lower court’s ruling against a graduate student who had sought a court order preventing Augusta State University from expelling her from its school-counseling program.

The student, Jennifer Keeton, sued the Georgia university in July 2010, saying that it had violated her rights to free speech and the free exercise of her Christian faith when it told her that, in order to stay in the program, she would have to change her beliefs about homosexuality—that it is immoral, unnatural, and a “lifestyle choice” that can be reversed through “conversion therapy.”

But in an August 2010 ruling, a federal district court disagreed with Ms. Keeton, finding that the university had sought only to have her learn to not let her personal views affect the counseling she would provide to gay and lesbian clients, a part of the practical training in the school-counseling program.

In its ruling on Friday, a unanimous three-judge panel of the U.S. Court of Appeals for the 11th Circuit agreed with the district court, ruling that because Ms. Keeton was unlikely to prevail in her lawsuit, a court order for her at this stage was unwarranted.

The court noted that the requirements of the counseling program—needed for its continued accreditation and compliance with the American Counseling Association’s Code of Ethics—are similar to the rules for judges, who must apply laws even if they consider them erroneous.

“In seeking to evade the curricular requirement that she not impose her moral values on clients,” the court said, “Keeton is looking for preferential, not equal, treatment.”

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  • redweather

    This was a no-brainer.  Hard to imagine that a federal court has to spend time on a case so lacking in merit.

  • neurojoe

    Gingrich won’t be happy with these judges. How dare they tell Ms. Keeton that she doesn’t have a legal basis for her feelings of moral superiority.

  • haohtt

    The distinction here lies in whether an educational institution can insist on having its students “apply laws even if they consider them erroneous,” or whether they can force students to ”change their beliefs.” Two professors can disagree with each other on various matters and each can feel a sense of “moral superiority” over the other, but when we try to enforce belief, rather than actions, we destroy the free exchange of ideas that is central to higher education.

  • katisumas

    So what you are saying that someone in a publicly funded university in a publicly funded conselling training program can refuse  to  help  anyone who has more melanin  in her skin than she does on the basis of her  beliefs?  Not to long ago the Christian Right argument was that people of color  were inferior to white people because they figured out the bible told them so.

    What the difference between this and refusing to counsel gay people when you are participating in a counselling program at a public university?

    There are plenty of  Christian colleges which the student in question could attend as long as those colleges and their students are not subsidized with my own hard earned tax money.

  • jffoster

    Katisumas, I do not read Haohtt as saying what you paraphrased him in your 1st sentence at all.  I suggest you and the 7 people who gave your statement a “like” reread him. As I read him, he’s in effect saying what the District Court (upheld by 11th Circuit panel), namely that the University wasn’t trying to force her into different belief, only to not allow her beliefs to interfere with her actions.

  • http://anziulewicz.livejournal.com PolishBear

    I think Jennifer Keeton is pursuing the wrong profession. I do a lot of counseling myself (in the context of HIV testing), and Ms. Keeton obviously is incapable of observing some of the concepts and skills in the counseling profession. As counselors we are supposed to focus on the feelings and personal circumstances of our clients, not our own personal prejudices and how we think things “ought” to be. We are supposed to manage our own discomfort with clients whose lives and values may be significantly different from our own. We are called to be non-judgmental and empathetic.

    Judging from all the things I’ve read about Jennifer Keeton so far, I think she is far better suited to starting her own ministry, or perhaps going to work for one of the many “Family Values” lobbies. But proselytizing is NOT counseling.

  • rcdcr

    I don’t read it that way, jffoster, because you want the christian girl to be allowed by law to treat gay people badly.

    For those of us with an ounce of intelligence, we see the post from haohtt for what it is.

  • lexalexander

    You don’t know the first thing about counseling, do you?

    The ACA’s code of ethics is based upon, among many other worthy things, research. And the research showing that plaintiff’s beliefs have no factual basis and in fact can do actual harm to counseling clients if propagated under the guise of “counseling” is plentiful.

    The district-court judge would not have been remiss in balling up Ms. Keeton’s complaint and throwing it at her lawyer.

  • jffoster

    to rcdcr,
    Let’s see, you don’t read X because you claim that I want Y.???

     1.  How in hell can you tell from what I wrote how I want the Christian girl to be allowed by law to treat anybody?

    And I could just as easily and with like lack of evidence claim that you don’t read it “that way” because you want the Christian girl to be forced to change her beliefs and sign a statement of ideological conformity. 

    2. Mr. haohtt drew — as did the District Court–a distinction between forcing a conformity of belief on the one hand and that of action on the other.

  • jffoster

    Actually, he would have been therein remiss and displayed injudicial temperment.  Perhaps that’s why he is a Federal judge.  The District Court issued a limited ruling, on the basis of a limited record, and denied plaintiff a preliminary infunction. He [the judge] drew a sharp distinction between a person, in this case a counselor in training,’s personal beliefs and their counseling actions and cited testimony from one of the defendant faculty that it would be possible in principle for a student holding the beliefs the plaintiff held to in fact complete satisfactorily the program.

  • AnonymousIs

    Thanks go to the judges for not allowing such bigotry to be excercised.

  • jffoster

    Read the decision of the District Court and the panel for the 11th Circuit.  That is not what either of them “told her”.

  • haohtt

    No, I did not say that at all.  I merely point out an inconsistency between mandating ACTIONS and mandating BELIEFS.  The former is appropriate, the latter is not.  It is reltively easy to pass laws, policies, etc. to make people act a certain way (governments and college professors do this routinely).  However, mandating belief is much tricker (and some would say, impossible).  I know many teachers who teach mandated curriculum that goes against thier personal beliefs, but they do it anyway, as their chosen career makes it necessary.  This student will have to make similar decisions.  If this persons career choice mandates that she give prescribed counsel to gays (or any other groups) and refusal to do so would put her out of that career, she can either choose to follow the profession ro create a new one to compete with it. 

  • haohtt

    jffoster,
    You obviously have far more than an ounce of intelligence, for you understood my post while others did not.  I don’t want anyone to treat anyone else badly (even Chronicle blog posters with whom I disagree).

  • realtyannie

    That’s a creepy little avatar ya got there.

  • http://www.facebook.com/people/Claude-Jacques-Bonhomme/100001035218031 Claude Jacques Bonhomme

    On the merits, how can she be a counselor if she does not learn the scientific, psychological and non-ideological reality of LGBT life?  On the process, the courts are spot on.  

  • http://unwarr.blogspot.com/ Redmond Jennings

    That’s . . . not what he or she said at all. 

  • http://unwarr.blogspot.com/ Redmond Jennings

    Jesus was crucified and homegirl won’t even look for another line of work? 

  • http://unwarr.blogspot.com/ Redmond Jennings

    Because there’s nothing about scientific, psychological or non-ideological reality that you can’t learn from a bunch of books my sheep herding ancestors wrote 2-5000 years ago in a desert backwater.

  • RepubAnon

    This reminds me of an old Fabulous Furry Freak Brothers cartoon.  After a Supreme Court ruling stating that community standards should be taken into account when determining whether something was obscene, the Freak Brothers decided to set their own community’s standards.  “Re-elect Richard Nixon” posters were, of course, deemed obscene…

    The point is that the interaction between civil rights and First Amendment freedoms in this case isn’t close. Granting this woman the right to impose her personal beliefs upon her clients would, by implication, also allow atheist teachers to teach their students that all religions are mere superstition. Somehow I doubt that the plaintiff in this case believes that people with beliefs that do not match her own have the same right to freedom of expressioin that she claims for herself.

    This is the problem with conservatives these days – so many of them have no fixed moral principles. Instead, it’s all “the ends justify the means.”

  • FedSec

    “Keeton is looking for preferential, not equal, treatment.”
    Seems to be true for a lot of so-called Christians lately.

  • alboy2

    What are the plaintiff’s plans for taking this all the way to the Supreme Court? Or is she not as delusional as say, Orly Taitz? Good on the courts for benchslapping this ignoramus. “Christian” my eye…

  • lexalexander

    With regard to the paper wad, I was being metaphorical. Sorry that wasn’t clear.

    (I question the seriousness of a profession that appears to place more emphasis on whether a judge ridicules the ridiculous than whether he socializes with wealthy parties with a case before him — yeah, Clarence, I’m talking to you — but that’s a question for another day.)

     And, yes, it is *possible* for a counselor to hold views held by the plaintiff and still counsel effectively by keeping those views to him/herself. But the research, again, suggests it is highly unlikely in general. And the actions of this particular plaintiff suggested it was never going to happen in her particular case.

  • jffoster

    Look, this was a preliminary injunction denial — that’s all.   No summary judgement on the case itself was rendered by the District Trial Court nor the 11th Circuit. The case itself has not yet come to trial.  I suspect it will not come to trial and will go away, but one of the panel for the 11th Circuit wrote separately concurring in judgement and in part, but suggesting there were some bits of indication in the record that the university might have been trying to precensor plaintiff’s beliefs. And the District Court indicated that “she might well prevail” in trial, though it did not seem likely from the limited record and evidentiary hearing, and that in any case she had not met the burden of proof to warrant a temporary injunction.

  • hopeandfaith

    Jennifer belongs at Liberty University and should ALWAYS make it known that she is a “Christian Counselor.”  It is unethical to use conversion therapy on clients, even if they ask fo it, due to science believing that it will cause harm to the client by attempting to reverse their natural state.

    The above is crap-science, and exactly why I got out of an MSW program.  I will always believe sexuality is a choice, not a God-given condition.

    Jennifer could always consider the ministry.

  • hughhai

    This is where I hope I never forget my student perspective as I transition into my role as a professor. This girl smells of privilege through and through. There are MANY courses that I was required to take that offended my identity, moral sensibilities, and intellectual base, but I took them because I realized that sometimes you gotta just put on your big boy pants and suck it up. That being said, I was never penalized for writing or expressing views that were counter to the ideology of the course or professor as long as they were respectfully delivered, supported by research and reason, and well executed. That was my way of taking the high road and it made me a better scholar. 

    However, I assert that Ms. Keeton suffers from one or more of the following: she has never has to endure having her values directly challenged, she has been pampered to the point of being unable to tolerate discomfort of any kind and expects the world to bend to her will, and/or she is opportunistically using this situation to publicly protest the increasing acceptance of homosexual identities and promote her own agenda. Had she the intellectual skill, will, and tenacity, she could have simply weathered the course with her morals intact. I suspect that she knew that she would have been a pariah and was unwilling to have her privileged white Christian status challenged. Grad students will tolerate a conservative perspective, but not an inflexible mind.

    Having started down the road toward a career as a clinical psychologist, I agree with the court’s interpretation of the situation and its decision. A counselor is not there to promote an agenda; he is there to promote healing. It is well documented that this woman’s agenda is potentially toxic. Ethics dictate that she should perhaps look into becoming clergy if the counseling she wishes to do is going to be wrapped in her dogma.