Brody's Notes... Federal Judge Dismisses Anti-Gay Master's Candidate Student Lawsuit

Julea Ward  Photo Courtesy Of The Alliance Defence Fund

By Brody Levesque (Washington DC) July 29 | A federal judge in Detroit Monday dismissed a lawsuit brought against Eastern Michigan University by a Master's Candidate who alleged that she was dropped from the EMU's counseling program because of her strong religious views against homosexuality.
Julea Ward, who entered the Eastern Michigan program in 2006 in hopes of becoming a high-school counselor, had not been disciplined in any way for expressing her views, in classroom discussions or in written course work, that homosexuality was morally wrong. In fact, she had received A's in all of her classes, the judge's summary of her case said.
Her opposition to homosexuality got her into trouble, however, when she enrolled last year in a practicum course that involved counseling real clients in a university-operated clinic. When she encountered a client who wanted to be treated for depression—but previously had been counseled about a homosexual relationship—she asked her faculty supervisor whether she could refer the client to another counselor, explaining that her religious views precluded her from doing anything to affirm the client's homosexual behavior.
U. S. District Judge for Eastern Michigan, George Caram Steeh, wrote "Ward's refusal to attempt learning to counsel all clients within their own value systems is a failure to complete an academic requirement of the program."
In his ruling, Judge Steeh rejected the lawsuit's premise that charged that the university's actions amounted to an unconstitutional infringement on the religious freedom and free speech rights of Julea Ward, who was removed from the program.
Judge Steeh's ruling held that the policy at issue was not a speech code but "an integral part of the curriculum," and that Ms. Ward's dismissal from the program "was entirely due" to her "refusal to change her behavior," rather than her beliefs.
The decision -- while a win for the university -- is unlikely to settle the matter.  The Alliance Defense Fund, a coalition of Christian lawyers that is helping to represent Ward in a press release has said that the group plans an immediate appeal:

"Christian students shouldn't be expelled for holding to and abiding by their beliefs," said David French, a senior counsel for the ADF.

Journalist Scott Jaschik, in a lengthy interview with the Alliance Defense Fund's Senior Counsel, wrote that French said he thought the judge ignored the way Ward was judged by the faculty:

"Her belief system was very much at issue," he said, and decisions about her future reflected those statements she made in class as well as her statements about a willingness to counsel gay clients. The only way she could have accepted the idea of learning to work with gay clients, he said, was giving in "to a mandate that she change her belief system."

The ruling said that "instead of exploring options that might allow her to counsel homosexuals about their relationships," Ms. Ward "stated that she would not engage in gay-affirming counseling, which she viewed as helping a homosexual client engage in an immoral lifestyle."
The Judge wrote, "Her refusal to attempt learning to counsel all clients within their own value systems is a failure to complete an academic requirement of the program."