Amazon.com Widgets Another Bigot Claims a First Amendment “Right Not to Work”

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Another Bigot Claims a First Amendment "Right Not to Work"

July 21st, 2008 · 3 Comments

Religious factions will go on imposing their will on others unless the decent people connected to them recognize that religion has no place in public policy. They must learn to make their views known without trying to make their views the only alternatives.
–Barry Goldwater

To review: In the absence of some legislative abomination, there is no right of government employees, who owe their livelihood to taxpayers, to claim a plenary “religious exemption” from one’s duties. If you find your job offensive, then you have one and only natural right: the right to quit.

We most recently saw this bizarre insistence that there is some sort of inexplicable “First Amendment right not to work” in California, where some low-level bureaucrats insisted that they should not be compelled to perform civil marriages, heretofore an unambiguous part of their job function, for gay couples. Even in the face of so much progress toward modernity — and a total absence of any precedent whatsoever for holding that “reasonable accommodation of religious views” includes allowing government employees to flat-out refuse to work — we still see that, where anti-gay bigotry is concerned, it is in fact the bigots who demand “special rights.”

And now we have Exhibit B:

Alliance Defense Fund attorneys filed a lawsuit Monday on behalf of a licensed counselor who was fired after referring a person seeking counsel with a same-sex relationship to a colleague.

On Aug. 21, 2007, a woman employed at the Centers for Disease Control and Prevention sought counsel from [Marcia] Walden, a counselor at Computer Sciences Corporation, regarding a same-sex relationship. Walden explained that the client’s needs would conflict with her religious beliefs and that, therefore, it would be unfair for her to serve as the woman’s counselor. As a result, Walden referred the individual to a colleague.

After meeting with the client, Walden’s colleague told her that she had done “the right thing” by referring the woman to him. However, the client later filed a complaint against Walden which led to an investigation and religiously-based questioning from Walden’s supervisors, including pressure to hide her religious beliefs from future clients. She was later terminated as an employee.

The fact pattern is complicated only slightly by the fact that Walden’s nominal employer, Computer Sciences Corporation, was in fact retained by the CDC (i.e., the government) to provide counseling services. The analysis, however, remains unchanged: This bigot was under contract to taxpayers to provide a service. She refused to do her job and was fired for it. Where, exactly, is the lawsuit?

Also irrelevant is the insolent insistence that the bigot was “trying to do the right thing.” (The “far right thing” would be a better description.) I certainly wouldn’t want personal counseling from a homophobe. Point conceded. But people who wish to provide a service selectively, whatever their conscious or repressed reasons, should do so privately. Leave the taxpayer out of it.

On that last point: I have no opinion on whether the bigot has a valid lawsuit against CSC (her private employer), for breach of contract or any other cause of action. My only interest is with her and her ADF co-conspirators trying to drag the CDC (and thereby taxpayers) into this. Indeed six out the seven claims in the complaint (PDF - 19 pages) repeatedly emphasize that CSC and CDC have a “symbiotic relationship” and that this incident represents “governmental actors” somehow infringing her supposed right to refuse to work.

All the more reason to dismiss it outright as the obnoxious gobbledygook it is.

Tags: First Amendment - Religion · Gay Rights and Issues · Law · Libertarianism · Society, Religion, Culture Wars


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3 responses so far ↓

  • Link Brian Cavner // Jul 21, 2008 at 8:07 am

    Not knowing the precise facts of your Exhibit B example may impair my analysis slightly, but I disagree with equating refusal to perform civil marriages for queer couples with Walden's conduct.

    As a counselor, her contact with her clients requires a special level of understanding above what a county clerk would need. Whereas the latter merely needs to stamp forms without any regard to the uniqueness of the individuals, the former must interact intimately with her clients. If she truly feels that she is unable to perform her services adequately for a gay client, I would assert that she has the professional obligation to refer the client to another counselor who can. To do otherwise would not only force the therapist into occupational conscription (I believe this is also your objection to socialized medicine), but also subject the client to substandard care.

    The issue comes, as you have pointed out, with this particular counselor working on taxpayer funds rather than privately. Certainly a private individual should be permitted to selectively refuse potential clients. But I would argue that while this counselor is obligated to provide some service as a result of her status (be it a referral to a reasonable replacement, or service in a diminished capacity if no such replacement is available), she is not required to indiscriminately service clients with needs outside of her professional understanding.

    This distinction may be very fine — or perhaps even illusory — but I believe refusing a client on the basis of inability to deal with the individual's problem (not discriminatory) is different than refusing a client on the basis of bigotry toward the individual (discriminatory).

    In my view, a therapist may refuse to perform services for gay and lesbian individuals if he or she believes him or herself unable to provide a quality level of service and if a suitable replacement exists. Her status as a taxpayer-funded employee will make her subject to stricter scrutiny, of course, but I still believe that she did the professionally responsible thing in referring a client to a practitioner more capable of dealing with her problems. It is not, after all, as if she outright denied service in the way that some California county clerks have attempted.

  • Link KipEsquire // Jul 21, 2008 at 11:00 am

    Brian, your thoughts are reasonable, but let's keep in mind that this counselor is claiming "religious discrimination," not "wrongful termination based on false allegations of inadequate job performance."

    The counselor can't have it both ways: that she gets to be a bigot AND gets to hide behind the claim of "I was acting in the best interests of the client" (AND on top of that then gets to claim "religious discrimination" when the government refuses to embrace her contradictory positions).

  • Link John // Jul 21, 2008 at 11:05 am

    Sounds to me like a plenary religious exemption from a paycheck is in order.

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