Walden’s next move
By Charlie Butts
US – A Christian counselor and her attorneys are considering her options since an appeals court decided yesterday to uphold a ruling from a lower court that her employer was correct to fire her for standing on her faith.
Marcia Walden was fired when a fellow employee at the Centers for Disease Control and Prevention sought counseling about a same-sex relationship. Walden declined on religious grounds and requested to refer the client to another counselor. The 11th U.S. Circuit Court of Appeals in Atlanta recognizes that Walden’s “sincerely held religious beliefs prohibit her from encouraging same-sex relationships through counseling,” but the record is “devoid of evidence” supporting her claim that she was removed because those beliefs required her to refer potential clients in homosexual relationships to other counselors.
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But Alliance Defense Fund attorney Bryon Babione maintains that she was fired because she took a stand for her faith.
“The right to refer is a pervasive right in counseling, and she followed that, but she was nevertheless laid off for doing that,” he says. “They said it was inappropriate that she told the client that she had personal beliefs which would not allow her to effectively counsel that particular client.”
In Babione’s estimation, the courts are saying that one can refuse to counsel on the basis of her firmly held religious beliefs, but that it is also okay to fire a person on that basis without violating her First Amendment rights.
“The court got it wrong because a counselor who is a Christian shouldn’t lose her job for upholding the highest professional standards,” Babione contends. “It is unlawful to punish a Christian for abiding by her faith, particularly when she made every effort to accommodate the interests of a potential client.”
ADF is considering the next step to vindicate Marcia Walden and “the freedoms for which she is fighting.” This decision follows a recent development in a similar case in which the Sixth Circuit reversed a lower-court decision that stood by a university for expelling a graduate student after she was permitted to refer a homosexual client to another counselor.