In contrast to a similar First Amendment case in the 11th circuit, Julea Ward's challenge to her dismissal from Eastern Michigan's masters in counseling program is still alive after a 6th circuit decision issued Friday. Ward objected to counseling gay and lesbian patients in a manner that affirmed their sexual orientation and EMU dismissed her from the program, stating that her refusal placed her in violation of university policies based on American Counseling Association standards. Ward sued claiming that Eastern's disciplinary policies and codes of conduct are unconstitutional "speech codes" as well as infringements upon her Fourteenth Amendment Due Process rights; that Eastern retaliated against her for exercising her rights and violated her First Amendment right to be free of compelled speech and the Establishment Clause and engaged in viewpoint discrimination; and violated her Fourteenth Amendment Equal Protection rights by dismissing her from the program on the basis of her Christian beliefs and expressions opposing homosexual conduct. Federal district judge George Steeh granted summary judgment for Eastern.
The unanimous 6th circuit opinion (PDF), authored by Jeffrey Sutton, said that at this stage of the proceedings neither side deserves to win as a matter of law, and that a reasonable jury could conclude that Ward's professors dismissed her from the program because they were hostile toward her speech and faith, not because she violated a policy in place at the time of her dismissal.
