Constitutional Claims in the Context of Mental Health Training: Religion, Sexual Orientation, and Tensions Between the First Amendment and Professional Ethics

This article discusses two federal court opinions that analyze claims under the U.S. Constitution in the context of a training program for mental health counselors. The case at issue arose when a student was terminated from her training program because she stated that she would not treat a gay man for relationship issues. Citing the deference courts give to academic institutions to establish academic standards and formulate curricula, the U.S. district court granted summary judgment to the school for applying a neutral policy of nondiscrimination based on a professional association's code of ethics. The appeals court, finding irregularities in how the school applied an otherwise constitutionally acceptable policy, reversed the district court's decision and remanded the case for further proceedings. After examining the district and appeals court decisions, the article extrapolates preliminary lessons for psychology training programs.