Another religious liberty fraud bites the dust

Marcia Walden

In the middle of all of the controversy about Roland Martin, Proposition 8, and Washington state, I almost missed this positive strike against the fraudulent talking point of "religious liberty:"

The federal appeals court in Atlanta has rejected claims by a former counselor for the CDC who said she was was fired for refusing to advise employees in same-sex relationships because of her religious beliefs.

The court said it accepted Marcia Walden's sincerity that her devout Christian beliefs prohibited her from counseling clients in same-sex relationships. But it found Walden was laid off because her superiors disapproved of the way she referred a lesbian client to another counselor and were concerned how she would handle future referrals.

Walden's lawyer, Byron Babione, senior counsel for the Alliance Defense Fund, expressed disappointment with the ruling. "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," he said. "... We are determining next steps to ultimately vindicate Marcia and the freedoms for which she’s fighting."

Walden's lawyer and those whining about the supposed violation her "religious liberty" conveniently omit the entirety of the case. 

This is the real story according to court documents:

Walden's employer, Computer Science Corp had a contract with the CDC to provide counselors. Walden was counseling a CDC employee who told her about the problems she was having with her relationship with another woman. The employee had gotten emotional because it was a very sensitive situation involving a child in the relationship and forgery in order to steal credit.

It was then that Walden informed the CDC employee that her religious beliefs precluded her from providing counsel. Walden then sought another counselor to handle the client's referral.

Now even though the client was satisfied with the new counselor, she felt "judged and condemned" by Walden. She also felt that Walden's body language - her nonverbal communication - indicated disapproval of her relationship.

After an investigation, Walden's supervisor suggested another way she could refer clients to another counselor without mentioning her "personal values." Walden was specifically asked if she could tell clients in seeking same-sex relationship advice that she didn't have relationship counseling experience. Walden refused. Apparently Walden wanted to tell clients that her personal values precluded her from counseling them.

And this is the rest of the story via Pam's House Blend:

• The CDC later requested Walden's removal from the contract.

• With no other counseling positions available in the Atlanta area, CSC laid Walden off and noted that she would preserve her benefits if re-hired by CSC within a year.

• Walden refused to pursue further employment with CSC, believing that the inclusion/diversity policies made it hostile toward Christians.

So Marcia Walden's case is not about her being fired because of her Christian beliefs, but rather she handled duties. When people come in for counseling, it is generally a sensitive situation and they should not be made to feel like they have done anything wrong. Walden chose to express her beliefs in an unprofessional manner and was penalized for it.

"Religious liberty" does not trump ethical behavior, particularly when dealing with clients needing counseling. Walden's former employer and the courts were correct here.