BeliefNet's Steve Waldman provides the latest example of the constant assessment, reassessment and judgment ladeled out by male pontificators on women's choices in regard to pregnancy, abortion, adoption, marriage and childbearing.
Can all the male pontificators on women’s reproductive choices just stand back a bit, please?
The latest example of male pontificators sitting in judgment on women’s choices in regard to
marriage and childbearing is Steve Waldman on BeliefNet. Waldman makes
a rash of judgments about Bristol Palin’s decisions to keep rather than give her baby up for adoption, and her decision to break off her engagement. While I realize men are part of the equation here at the "social conversation level," it feels more than a little frustrating and also very patronizing to have a constant stream of upper-class (mostly-but-not-all white) guys pontificating–and tripping over themselves with contradictions in the process–on what women should do about a pregnancy.
2) If a mother chooses to carry a baby to term, under what circumstances should she consider putting him up for adoption?
On the first point: If they realized jointly or she or he realized separately that they did not want to be married, why would they go to marriage counseling? Marriage counseling is for people who want to be married to each other, or are married to each other and want to work out problems. Not for people who have decided, "hey, I don’t want to be with you," or "I don’t love you," or "this is not right for me" or whatever the reason. Is Waldman suggesting–inherently–that shotgun marriages are the way to
go? It was clear from the beginning that this was not necessarily a
"match made in heaven." So it is no shocker to the rest of us that this did not last. In any case, it’s Bristol’s choice.
But Steve Waldman is "dying to know." Why is this his business? Could this be any more intrusive? I may not like Sarah Palin’s politics (I don’t) but I respect, honor and defend her–and Bristol’s–rights to privacy. Why do we need the neighborhood busybody involved?
And what is with all the assumptions about what did or did not happen? What does Waldman know about what has transpired in the interim? What does he know about Bristol and Levi’s relationship? He assumes, presumably without evidence given his own question, that Bristol does not know what is good for her in breaking off the engagement (she obviously does not want to marry this guy), and also assumes that no discussion on this issue has taken place within the Palin family. Where does he get that from? He further assumes that any marriage is better than no marriage for "the child." This is not for him to decide and is not borne out by evidence. Children that grow up in homes with conflict and unhappiness are no better off and can be much worse off than children who grow up in single parent households, especially those run by functional mothers with extended family support.
And part of being a functional adult means taking care of yourself and your emotional health first and foremost and having the maturity and personal strength needed to care for a child. Bristol appears to have her head on straight. From what little I have seen of her, she seems to be saying "I am in charge of my life, these are my decisions, I know what I am doing, and let’s move on." Why this constant vigilance about her decisions? Is it so hard to treat her as the functional young woman she appears to be?
"Seriously, I don’t know when adoption is the right approach and I’m not
trying to cast aspersions at Bristol’s suitability. But it seems that a
decent argument can be made that when you have someone who is a)
unmarried and b) a teenager, that those would be the circumstances in
which putting a child up for adoption ought to be considered. So yes, I
would ask the same question about African American unwed teen mothers,
Does he know, perhaps through a special Google Earth listening device aimed at the Palin home, that adoption was not "considered?" Even if it was, does he then have the right to question Bristol’s own right not to give her child up for adoption? Why is it that people feel so free to "assume" women just haven’t really thought through all their options, the ethics, their own moral position, the consequences, what is good for them and their own families? If someone chooses abortion, the "judgmentalists" assume they simply did not consider all their choices (you could bring the baby to term and keep it! you could give it up for adoption!……gee, really?). Now, if someone does bring a pregnancy to term and decides to keep their own baby, the judgmentalists are going to question that decision?
If Bristol had gotten pregnant and had an abortion, and had that leaked to the press during the campaign, the election would have been over long before the Katie Couric interview hit YouTube. Bristol made the choice–her choice I presume from what she says–to continue the pregnancy and have a baby. Why does Waldman think he has a right to publicly to sit in judgment on whether, when, and whom she marries?
Can the men not involved in Bristol’s life step back and let her make her own way? Respect and recognize her moral agency as a woman and a mother? Letting Bristol exercise her own judgment about her life and her baby would be a whole heckuva lot better for Bristol and her child than having play-by-play judgement calls and analysis on BeliefNet from a referee not anywhere near the field of play.
Doctors can't treat their patients with leeches; counselors can't impose their beliefs on patients or harm them using discredited methods. Whatever their views, medical professionals have to treat their clients competently.
Whether they’re bakers, florists, or government clerks, those claiming the right to discriminate against LGBTQ people have repeatedly sought to transform professional services into constitutionally protected religious speech. They have grabbed headlines for refusing, for example, to grant marriage licenses to same-sex couples or to make cakes for same-sex couples’ weddings-all in the name of “religious freedom.”
A bit more quietly, however, a handful of counseling students at public universities have challenged their schools’ nondiscrimination and treatment requirements governing clinical placements. In some cases, they have sought a constitutional right to withhold treatment from LGBTQ clients; in others, they have argued for the right to directly impose their religious and anti-gay views on their clients.
There has been some state legislative maneuvering on this front: Tennessee, for instance, recently enacted a thinly veiled anti-LGBTQ measure that would allow counselors to deny service on account of their “sincerely held principles.” But when it comes to the federal Constitution, providing medical treatment—whether bypass surgery, root canal, or mental-health counseling—isn’t advocacy (religious or otherwise) protected by the First Amendment. Counselors are medical professionals; they are hired to help their clients, no matter their race, religion, or sexual orientation, and no matter the counselors’ beliefs. The government, moreover, may lawfully prevent counselors from harming their clients, and universities in particular have an interest, recognized by the U.S. Supreme Court, in preventing discrimination in school activities and in training their students to work with diverse populations.
The plaintiffs in these cases have nonetheless argued that their schools are unfairly and unconstitutionally targeting them for their religious beliefs. But these students are not being targeted, any more than are business owners who must comply with civil rights laws. Instead, their universities, informed by the rules of the American Counseling Association (ACA)—the leading organization of American professional counselors—merely ask that all students learn to treat diverse populations and to do so in accordance with the standard of care. These plaintiffs, as a result, have yet to win a constitutional right to discriminate against or impose anti-LGBTQ views on actual or prospective clients. But cases persist, and the possibility of conflicting court decisions looms.
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The first major challenge to university counseling requirements came from Jennifer Keeton, who hoped to receive a master’s degree in school counseling from Augusta State University. As detailed in the 2011 11th Circuit Court of Appeals decision considering her case, Keeton entered her professional training believing that (1) “sexual behavior is the result of personal choice for which individuals are accountable, not inevitable deterministic forces”; (2) “gender is fixed and binary (i.e., male or female), not a social construct or personal choice subject to individual change”; and “homosexuality is a ‘lifestyle,’ not a ‘state of being.'”
It wasn’t those views alone, however, that sunk her educational plans. The problem, rather, was that Keeton wanted to impose her views on her patients. Keeton had told both her classmates and professors about her clinical approach at a university-run clinic, and it wasn’t pretty:
She would try to change the sexual orientation of gay clients;
If she were counseling a sophomore student in crisis questioning his sexual orientation, she would respond by telling the student that it was not OK to be gay.
If a client disclosed that he was gay, she would tell him that his behavior was wrong and try to change it; if she were unsuccessful, she would refer the client to someone who practices “conversion therapy.”
Unsurprisingly, Keeton also told school officials that it would be difficult for her to work with LGBTQ clients.
Keeton’s approach to counseling not only would have flouted the university’s curricular guidelines, but also would have violated the ACA’s Code of Ethics.
Her conduct would have harmed her patients as well. As a school counselor, Keeton would inevitably have to counsel LGBTQ clients: 57 percent of LGBTQ students have sought help from a school professional and 42 percent have sought help from a school counselor. Suicide is the leading cause of death for LGBTQ adolescents; that’s twice or three times the suicide rate afflicting their heterosexual counterparts. And Keeton’s preferred approach to counseling LGBTQ students would harm them: LGBTQ students rejected by trusted authority figures are even more likely to attempt suicide, and anti-gay “conversion therapy” at best doesn’t work and at worst harms patients too.
Seeking to protect the university’s clinical patients and train her to be a licensed mental health professional, university officials asked Keeton to complete a remediation plan before she counseled students in her required clinical practicum. She refused; the university expelled her. In response, the Christian legal group Alliance Defending Freedom sued on her behalf, claiming that the university violated her First Amendment rights to freedom of speech and the free exercise of religion.
The courts disagreed. The trial court ruled against Keeton, and a panel of the U.S. Court of Appeals for the 11th Circuit unanimously upheld the trial court’s ruling. The 11th Circuit explained that Keeton was expelled not because of her religious beliefs, but rather because of her “own statements that she intended to impose her personal religious beliefs on clients and refer clients to conversion therapy, and her own admissions that it would be difficult for her to work with the GLBTQ population and separate her own views from those of the client.” It was Keeton, not the university, who could not separate her personal beliefs from the professional counseling that she provided: “[F]ar from compelling Keeton to profess a belief or change her own beliefs about the morality of homosexuality, [the university] instructs her not to express her personal beliefs regarding the client’s moral values.”
Keeton, in other words, crossed the line between beliefs and conduct. She may believe whatever she likes, but she may not ignore academic and professional requirements designed to protect her clients—especially when serving clients at a university-run clinic.
As the court explained, the First Amendment would not prohibit a medical school from requiring students to perform blood transfusions in their clinical placements, nor would it prohibit a law school from requiring extra ethics training for a student who “expressed an intent to indiscriminately disclose her client’s secrets or violate another of the state bar’s rules.” Doctors can’t treat their patients with leeches; counselors can’t impose their beliefs on patients or harm them using discredited methods. Whatever their views, medical professionals have to treat their clients competently.
Ward v. Polite
The Alliance Defending Freedom’s follow-up case, Ward v. Polite, sought to give counseling students the right to withhold service from LGBTQ patients and also to practice anti-gay “conversion therapy” on those patients. The case’s facts were a bit murkier, and this led the appeals court to send it to trial; as a result, the student ultimately extracted only a modest settlement from the university. But as in Keeton’s case, the court rejected in a 2012 decision the attempt to give counseling students the right to impose their religious views on their clients.
Julea Ward studied counseling at Eastern Michigan University; like Keeton, she was training to be a school counselor. When she reviewed the file for her third client in the required clinical practicum, she realized that he was seeking counseling about a romantic relationship with someone of the same sex. As the Court of Appeals recounted, Ward did not want to counsel the client about this topic, and asked her faculty supervisor “(1) whether she should meet with the client and refer him [to a different counselor] only if it became necessary—only if the counseling session required Ward to affirm the client’s same-sex relationship—or (2) whether the school should reassign the client from the outset.” Although her supervisor reassigned the client, it was the first time in 20 years that one of her students had made such a request. So Ward’s supervisor scheduled a meeting with her.
Then things went off the rails. Ward, explained the court, “reiterated her religious objection to affirming same-sex relationships.” She told university officials that while she had “no problem counseling gay and lesbian clients,” she would counsel them only if “the university did not require her to affirm their sexual orientation.” She also refused to counsel “heterosexual clients about extra-marital sex and adultery in a values-affirming way.” As for the professional rules governing counselors, Ward said, “who’s the [American Counseling Association] to tell me what to do. I answer to a higher power and I’m not selling out God.”
All this led the university to expel Ward, and she sued. She claimed that the university violated her free speech and free exercise rights, and that she had a constitutional right to withhold affirming therapy relating to any same-sex relationships or different-sex relationships outside of marriage. Like Keeton, Ward also argued that the First Amendment prohibited the university from requiring “gay-affirmative therapy” while prohibiting “reparative therapy.” After factual discovery, the trial court dismissed her case.
On appeal before the U.S. Court of Appeals for the Sixth Circuit, Ward eked out a narrow and temporary win: The court held that the case should go to a jury. Because the university did not have a written policy prohibiting referrals, and based on a few troubling faculty statements during Ward’s review, the court ruled that a reasonable jury could potentially find that the university invoked a no-referrals policy “as a pretext for punishing Ward’s religious views and speech.” At the same time, the court recognized that a jury could view the facts less favorably to Ward and rule for the university.
And although the decision appeared to sympathize with Ward’s desire to withhold service from certain types of clients, the court flatly rejected Ward’s sweeping arguments that she had the right to stray from the school curriculum, refuse to counsel LGBTQ clients, or practice anti-gay “conversion therapy.” For one, it said, “Curriculum choices are a form of school speech, giving schools considerable flexibility in designing courses and policies and in enforcing them so long as they amount to reasonable means of furthering legitimate educational ends.” Thus, the problem was “not the adoption of this anti-discrimination policy, the existence of the practicum class or even the values-affirming message the school wants students to understand and practice.” On the contrary, the court emphasized “the [legal] latitude educational institutions—at any level—must have to further legitimate curricular objectives.”
Indeed, the university had good reason to require counseling students—especially those studying to be school counselors—to treat diverse populations. A school counselor who refuses to counsel anyone with regard to nonmarital, nonheterosexual relationships will struggle to find clients: Nearly four in five Americans have had sex by age 21; more than half have done so by the time they turn 18, while only 6 percent of women and 2 percent of men are married by that age.
In any event, withholding service from entire classes of people violates professional ethical rules even for nonschool counselors. Although the ACA permits client referrals in certain circumstances, the agency’s brief in Ward’s case emphasized that counselors may not refuse to treat entire groups. Ward, in sum, “violated the ACA Code of Ethics by refusing to counsel clients who may wish to discuss homosexual relationships, as well as others who fail to comport with her religious teachings, e.g., persons who engage in ‘fornication.'”
But Ward’s approach would have been unethical even if, in theory, she were permitted to withhold service from each and every client seeking counseling related to nonmarital sex (or even marital sex by same-sex couples). Because in many cases, the need for referral would arise well into the counseling relationship. And as the trial court explained, “a client may seek counseling for depression, or issues with their parents, and end up discussing a homosexual relationship.” No matter what the reason, mid-counseling referrals harm clients, and such referrals are even more harmful if they happen because the counselor disapproves of the client.
Fortunately, Ward did not win the sweeping right to harm her clients or otherwise upend professional counseling standards. Rather, the court explained that “the even-handed enforcement of a neutral policy”—such as the ACA’s ethical rules—”is likely to steer clear of the First Amendment’s free-speech and free-exercise protections.” (Full disclosure: I worked on an amicus brief in support of the university when at Americans United.)
Ward’s lawyers pretended that she won the case, but she ended up settling it for relatively little. She received only $75,000; and although the expulsion was removed from her record, she was not reinstated. Without a graduate counseling degree, she cannot become a licensed counselor.
Cash v. Hofherr
The latest anti-gay counseling salvo comes from Andrew Cash, whose April 2016 lawsuit against Missouri State University attempts to rely on yet murkier facts and could wind up, on appeal, in front of the more conservative U.S. Court of Appeals for the Eighth Circuit. In addition to his range of constitutional claims (freedom of speech, free exercise of religion, equal protection of law), he has added a claim under the Missouri Religious Freedom Restoration Act.
The complaint describes Cash as “a Christian with sincerely-held beliefs”—as opposed to insincere ones, apparently—”on issues of morality.” Cash started his graduate counseling program at Missouri State University in September 2007. The program requires a clinical internship, which includes 240 hours of in-person client contact. Cash decided to do his clinical internship at Springfield Marriage and Family Institute, which appeared on the counseling department’s list of approved sites. Far from holding anti-Christian bias, Cash’s instructor agreed that his proposed class presentation on “Christian counseling and its unique approach and value to the Counseling profession” was an “excellent” idea.
But the presentation itself revealed that Cash intended to discriminate against LGBTQ patients. In response to a question during the presentation, the head of the Marriage and Family Institute stated that “he would counsel gay persons as individuals, but not as couples, because of his religious beliefs,” and that he would “refer the couple for counseling to other counselors he knew who did not share his religious views.” Because discrimination on the basis of sexual orientation violates ACA guidelines, the university determined that Cash should not continue counseling at the Marriage and Family Institute and that it would be removed from the approved list of placements. Cash suggested, however, that he should be able to withhold treatment from same-sex couples.
All this took place in 2011. The complaint (both the original and amended versions) evades precisely what happened between 2012 and 2014, when Cash was finally expelled. You get the sense that Cash’s lawyers at the Thomas More Society are trying to yadda-yadda-yadda the most important facts of the case.
In any event, the complaint does acknowledge that when Cash applied for a new internship, he both ignored the university’s instructions that the previous hours were not supposed to count toward his requirement, and appeared to be “still very much defend[ing] his previous internship stating that there was nothing wrong with it”—thus suggesting that he would continue to refuse to counsel same-sex couples. He continued to defend his position in later meetings with school officials; by November 2014, the university removed him from the program.
Yet in challenging this expulsion, Cash’s complaint says that he was merely “expressing his Christian worldview regarding a hypothetical situation concerning whether he would provide counseling services to a gay/homosexual couple.”
That’s more than just a worldview, though. It also reflects his intent to discriminate against a class of people—in a manner that violates his program’s requirements and the ACA guidelines. Whether hypothetically or otherwise, Cash stated and reiterated that he would withhold treatment from same-sex couples. A law student who stated, as part of his clinic, that he would refuse to represent Christian clients would be announcing his intent to violate the rules of professional responsibility, and the law school could and would remove him from the school’s legal clinic. And they could and would do so even if a Christian client had yet to walk in the door.
But maybe this was just a big misunderstanding, and Cash would, in practice, be willing and able to counsel same-sex couples? Not so, said Cash’s lawyer from the Thomas More Society, speaking about the case to Christian news outlet WORLD: “I think Christians have to go on the offensive, or it’s going to be a situation like Sodom and Gomorrah in the Bible, where you aren’t safe to have a guest in your home, with the demands of the gay mob.” Yikes.
Although Cash seems to want a maximalist decision allowing counselors and counseling students to withhold service from LGBTQ couples, it remains to be seen how the case will turn out. The complaint appears to elide two years’ worth of key facts in order to present Cash’s claims as sympathetically as possible; even if the trial court were to rule in favor of the university after more factual development, Cash would have the opportunity to appeal to the U.S. Court of Appeals for the Eighth Circuit, one of the country’s most conservative federal appeals courts.
More generally, we’re still early in the legal battles over attempts to use religious freedom rights as grounds to discriminate; only a few courts across the country have weighed in. So no matter how extreme Cash or his lawyers may seem, it’s too early to count them out.
* * *
The cases brought by Keeton, Ward, and Cash not only attempt to undermine anti-discrimination policies. They also seek to change the nature of the counselor-client relationship. Current norms provide that a counselor is a professional who provides a service to a client. But the plaintiffs in these cases seem to think that counseling a patient is no different than lecturing a passerby in the town square, in that counseling a patient necessarily involves expressing the counselor’s personal and religious beliefs. Courts have thus far rejected these attempts to redefine the counselor-patient relationship, just as they have turned away attemptsto challengebans on “reparative therapy.”
The principles underlying the courts’ decisions protect more than just LGBTQ clients. As the 11th Circuit explained in Keeton, the university trains students to “be competent to work with all populations, and that all students not impose their personal religious values on their clients, whether, for instance, they believe that persons ought to be Christians rather than Muslims, Jews or atheists, or that homosexuality is moral or immoral.” Licensed professionals are supposed to help their clients, not treat them as prospective converts.
“This is not who we are.” “This is not America.” These sentiments have become a common refrain in recent years in the response to everything from mass shootings to police abuse of power and police brutality toward protesters, to blatantly racist acts by members of a fraternity. In response to a CIA report describing the extent of torture and brutality used on prisoners in the “war on terror,” President Barack Obama asserted “this is not who we are,” because torture is “contrary to our values.” And in the wake of the mass shootings last year in San Bernardino, California, U.S. Attorney General Loretta Lynch stated that: “Violence like this has no place in this country. This is not what we stand for, this is not what we do.”
But these statements are at best aspirational for a country in which the leaders of at least one major political party regularly exploit intolerance, fear, and “morality” to win campaigns, and in which the leaders of the other too often hide behind platitudes and half-measures intended to placate specific constituencies, but not fundamentally challenge those realities. They are at best aspirational for a country in which the beliefs of Islamic fundamentalists are condemned, but the same views when espoused by conservative Christian fundamentalists are given legal and social approval by both parties, because … religion. They are at best aspirational for a country in which women’s rights to their own bodies are a subject of ongoing debate, medical professionals are villainized and murdered, and rape and sexual assault are often blamed on the victim. These statements are also aspirational in a country in which we imprison people of color of every age, sex, and gender at rates far higher than whites; actively rip families apart by deporting millions of undocumented persons; and pass laws denying people access to basic human needs, like bathrooms, due to their gender identity.
We are not what we say. We are what we do.
Consider the events of the last 24 hours. A U.S.-born citizen (born in New York, living in Florida) opens fire in a large gay nightclub, killing at least 50 people and injuring at least 53 more. The shooter’s father suggested that the rampage was not due to religion but “may” have been incited by his son’s anger at seeing two men kissing. His former wife described him as being violent and unstable. He allegedly made a call to 9-1-1 to declare himself a supporter of ISIS. He used a military-grade assault rifle to carry out what is being called one of the deadliest mass shootings in U.S. history.
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Before any details were shared by the FBI or Florida law enforcement, Rep. Peter King (R-NY), known for scapegoating Muslim Americans and calling for racial and religious profiling, was on CNN claiming that the U.S.-born shooter was “from Afghanistan.”
“If in fact this terrorist attack is one inspired by radical Islamic ideology, it is quite frankly not surprising that they would target this community in this horrifying way, and I think it’s something we’ll have to talk about some more here, across the country,” he said.
Rubio [also] said it’s not yet clear what the shooter’s motivations were, but that if radical Islamic beliefs were behind the shooting, “common sense tells you he specifically targeted the gay community because of the views that exist in the radical Islamic community with regard to the gay community.”
Rubio would appear to share those views “with regard to the gay community.” He is against same-sex marriage and made that opposition a key issue during his recent run for the GOP presidential nomination. He opposes legislation to make employment discrimination on the basis of gender or sexual orientation illegal, supports “conversion therapy,” and is against the rights of gay persons to adopt children.
What, exactly, is the difference between the hatred spewed by radical Islamists and that by conservative Christian fundamentalists in the United States? How can any less responsibility be laid at the feet of the U.S. politicians and their supporters for violence and terror when they espouse the same forms of hatred and marginalization as those they blame for that terror? Why are we so quick to connect the lone gunman in Orlando with Islam and so unwilling to connect the “lone wolves” like Robert Dear, Angel Dillard, and Scott Roeder with the Christian right, or to hold young white star athletes accountable for the violence they commit against women? Why are we so loath to talk about rational limits on an AK-47 assault rifle, a weapon of war, when mass murders have become routine?
It may not be pretty and it may be hard to acknowledge, but as a country we are more like those we rush to condemn than we are willing to admit. We are a country founded on and fed by a strong historical current of patriarchy, white supremacy, systemic racism, misogyny, discrimination, and scapegoating, all of which in turn feeds hatred, violence, and terror. That is part of who we are as a nation. Pretending that is not the case is like pretending that your severely dysfunctional family is just fine, and that the violence you experience daily within it is just an aberration and not a fact of life.
But it is not an aberration. Christian fundamentalist hatred is not “better” than Islamic fundamentalist hatred. White American misogyny is not “better” than Islamic fundamentalist misogyny. Discrimination and the abrogation of rights of undocumented persons, people of color, LGBTQ people, or any other group by U.S. politicians is not different morally or otherwise than that practiced by “other” fundamentalists against marginalized groups in their own country.
We are what we do.
We like to act the victim, but we are the perpetrators. Until we come to grips with our own realities as a country and take responsibility for the ways in which politicians, the media, and corporate backers of both help bring about, excuse, and otherwise foster discrimination and hatred, we can’t even begin to escape the violence, and we certainly can’t blame anyone else. We must aspire to do better, but that won’t happen unless we take responsibility for our own part in the hatred at the start.
Editor’s note: This piece has been updated to clarify the details around the Texas Lt. Gov. Dan Patrick tweet.