Victory for Religious Freedom: Defending a Psychologist's Right To Practice Her Faith

By 

Christina Compagnone

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September 6, 2023

4 min read

Religious Liberty

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No, the state can’t prevent or punish you for serving in a Christian ministry outside your normal workplace. That should be obvious; but with the prevalence of anti-Christian discrimination we are seeing pop up all over the nation, it’s a lesson that had to be taught in one recent situation.

We helped achieve a significant victory for religious freedom, invoking the First Amendment’s rights to the free exercise of religion and freedom of speech. We supported a psychologist who faced scrutiny from her state licensing board for running a Christian ministry separate from her regular psychology practice. It isn’t unusual in this day and age that states are becoming more and more aggressive against professionals practicing their faith by revoking licenses, like in our case in Virginia where a Christian realtor came under fire for having “Jesus loves you” in her emails. Situations like this highlight the importance of fighting back against injustice within certain professions.

Our client, a dedicated psychologist, has always been deeply committed to her profession that comes tertiary to her Christian faith. For years she has guided Christians through spiritual healing through her ministry that is separate from her clinical work as a licensed psychologist.

However, although her ministry had no direct connection to her clinical work, it became a matter of concern for her state licensing board. Her licensing board questioned whether her ministry was a violation of professional conduct, raising concerns about ethical boundaries and her ability to provide unbiased care.

The ACLJ has repeatedly won cases affirming the principle that state governments must not entangle themselves in the dealings of religious organizations, including Christian ministries. As we announced here, in 2017, the ACLJ assisted in a victory at the Supreme Court in Trinity Lutheran Church v. Comer, where the Court held that government discrimination against a religious body solely because it is religious is “odious to our Constitution all the same, and cannot stand.” We filed a critical amicus brief in this case. The Court’s decision underscores the protection of religious organizations against unwarranted government interference and discrimination, reinforcing the idea that state governments must not encroach on the activities of Christian ministries as mandated by the Establishment Clause of the First Amendment.

Further, we shared how the Supreme Court held that religious organizations’ personnel choices are not subject to state and federal anti-discrimination laws inOur Lady of Guadalupe School v. Agnes Morrissey-Berru. The Court affirmed the First Amendment’s protection of religious organizations’ rights to make decisions in accordance with their religious beliefs, free from state government interference.

Recognizing the importance of defending our client’s constitutional right to practice her faith, we assisted her local counsel in walking through the board’s investigation. For page upon page, our client explained her religious belief that she has a duty to help fellow Christians on their spiritual walk using her God-given gifts while also maintaining strict ethical and professional boundaries and safeguards in her clinical practice. The board pushed and prodded into the everyday details of her Christian ministry with in-person interviews and additional written questions.

This is when we knew we had to take action – well-versed in defending religious liberties and freedom of speech, we knew that the board was crossing over the boundary line of the Establishment Clause. We gave the board a warning that they were interfering with the religious practice of her ministry and that this intense inquisition into her ministry must stop.

Heeding the warning, the licensing board finally held that there was no concrete evidence of wrongdoing or harm stemming from our client’s dual roles of psychologist and Christian counselor.

This situation was a strong reminder that religious freedom and freedom of speech are fundamental rights that should be protected across all aspects of life, including in one’s chosen profession. The ACLJ has an unwavering commitment to safeguarding the liberties of individuals throughout the nation. If you are experiencing similar mistreatment, contact us at ACLJ.org/help so we can step in and fight for your rights.

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