After receiving a demand letter from Liberty Counsel, the Kentucky Board of Social Work (KBSW) has dismissed a series of “frivolous” ethics complaints against a licensed Christian counselor who has been fired for private religious speech. The complaints arose after the counselor made a social media post expressing his uncompromising religious beliefs regarding human sexuality and LGBT issues, which had followed a pro-LGBT message from his former employer.
The KBSW found the counselor had not violated any law or standard governing the practice of social work. However, the counselor still remains unlawfully fired even though the complaints have been dismissed. The counselor is pursuing reinstatement.
The counselor had stated in his social media post that in the licensed mental health profession, “there’s constant pressure to compromise beliefs to make people happy in this field (and in all our lives in general).” The counselor stated that while he loved his “career and the people he serves with a passion,” he was “not going to sell [his] soul for it,” and that while places he worked might style themselves as “a ‘safe and affirming space for LQBTQIA+ community,’” he “personally (and professionally)” never wants “to affirm rebellion against our Creator.” He continued, “What good does it do if we gain the whole world” – a “favorite job, perfect mental health even – if we lose our own soul…[c]ount me out.” the counselor continued: “I’m His, and sticking to His Word. The rainbow…reminds us He won’t flood the earth with water again,” but one day, “there’s a fire coming.” For this post, the counselor’s former employer fired him, and several community members piled on to file “ethics” complaints against the counselor’s professional license. Without a license, he faced the loss of his livelihood.
In the letter, Liberty Counsel said the social media post is “private religious and political speech” protected by the First and Fourteenth Amendments, the Kentucky Constitution, and the Kentucky Religious Freedom Restoration Act.
The three complaints levied against the counselor stated his comments were “unethical” and “discriminatory.” One complaint, which was filed by the human resources director at his former employer, stated “religious freedom” was an issue and that his post was “conduct unbecoming.” Yet, all of the complaints failed to identify any applicable law or regulation the statement supposedly violated.
“There is no listed ‘catchall’ offense under Kentucky law called ‘Conduct Unbecoming of a Licensed Clinical Social Worker,’” wrote Liberty Counsel. In fact, the counselor’s post was made in his private capacity, not in service to a client, and was made regarding matters of public concern having religious and political implications, over which there is significant debate in the public at large. Thus, nothing under the law or any governing code of ethical conduct serves as the basis for any complaint, let alone professional discipline, wrote Liberty Counsel.
Additionally, both federal law and Kentucky law do recognize religion is a “protected class.”
“The First Amendment prohibits government actions that abridge freedom of speech and the free exercise of religion—including under the guise of ‘professional’ speech regulations,” concluded Liberty Counsel.
Liberty Counsel Founder and Chairman Mat Staver said, “First Amendment speech and religious protections do not disappear when someone becomes a licensed counselor. These frivolous complaints are a clear attempt to unconstitutionally silence and censor opposing views. There was no jurisdiction or cause here to regulate this counselor’s speech or discipline him based on private expressions of religious and political beliefs. The counselor’s employer should reinstate him immediately and correct this potentially costly mistake.”
