CA: College Crisis Pregnancy Group Denied Recognition

By 

Jay Sekulow

|
June 21, 2011

3 min read

Pro Life

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We have been contacted by a student at a California public university who is trying to start a student organization that will provide support, counsel, assistance, and information to students who become pregnant. The campus has very few, if any, resources for pregnant women.

The groups leader submitted bylaws to the university in accordance with the policies for forming new student groups, but an advisor expressed concern that the university could be held liable for the groups counseling activities. The students tried to address the advisors concerns in a revised version of their bylaws, but their application was again rejected.

After the student contacted us, we provided him with a response explaining that California law does not prohibit any of the groups activities. The kind of counseling that pro-life organizations often provide to women who are pregnant or may become pregnant is not the kind of counseling typically subject to state regulation. For example, California law defines professional clinical counseling as the application of counseling interventions and psychotherapeutic techniques to identify and remediate cognitive, mental, and emotional issues, including personal growth, adjustment to disability, crisis intervention, and psychosocial and environmental problems.

We explained that a student groups efforts to provide women who are pregnant or may become pregnant with a safe place to receive information about pregnancy, childbirth, child-raising, and financial or other resources available in the community to assist them do not constitute professional counseling requiring a license. In addition, merely providing support and information to a woman who is pregnant or may become pregnant does not constitute the unauthorized practice of medicine or a diagnosis of any medical problem.

Importantly, a statute in the code chapter that regulates the medical profession states: Nothing in this chapter shall be construed so as to . . . regulate, prohibit, or apply to any kind of treatment by prayer, nor interfere in any way with the practice of religion. In other words, discussing religious faith and religious teachings relevant to pregnancy, parenthood, or childbirth, or praying with a woman who is pregnant or may become pregnant, does not constitute the practice of medicine.

In addition, the First Amendment guarantees that, when public universities create a forum for student groups to meet on campus and receive official recognition, they may not discriminate against student groups or proposed student groups on the basis of viewpoint.

We will continue to monitor this situation to ensure that the group is officially recognized by the university.