(The August 2015 Newsletter content includes topics on Anti-Gay Counseling; Kentucky Bans Christian Counseling; APA Defines “Trans”; Liberty wins in Caddell Poll)
In 2004 Anti-Gay Counseling was Banned in
DHR-Funded Children’s Services
Since 2012, four States & D.C. have totally banned anti-gay counseling by anyone,
including religious counselors, volunteers, and licensed psychologists.
In 2015, two states killed such bans; 14 states
have anti-gay counseling bans in committee.
Georgia’ anti-gay counseling ban. Bellmore v. UMCH, filed August 2002 by Lambda Legal Defense against United Methodist Children’s Home (UMCH) of the North Georgia Conference, the State Department of Human Resources (DHR) and then-Commissioner Jim Martin, had state-wide implications. The crux of the case was the State’s provision of some 50 percent of the daily cost for each of about 70 foster care children in the UMCH Decatur, Georgia facility, where all resident minors participated in religious services.
The Lambda lawsuit charged that State funding of UMCH encouraged religious indoctrination and job discrimination, specifically, citing UMCH’s (a) “anti-homosexual indoctrination,” (b) its refusal to hire gay or lesbian staff, and/or (c) the failure to provide pro homosexual services to gay and lesbian residents. Lambda requested the following remedies:
(a) Reinstate and compensate certain employees terminated because they are homosexual;
(b) Hire applicants who are not Christian; and
(c) Stop requiring resident children to attend religious services.
Had the case gone to court, only UMCH would have suffered the consequences, but the case was settled between Lambda Legal Defense & Education Fund, Inc., and the DHR. Lambda’s Supervising Attorney signed the settlement September 29, 2003; Defendant Commissioner Jim Martin signed it for himself and the Georgia Department of Human Resources on October 1, 2003, 12 days after he resigned the DHR. Although UMCH and every provider of children’s services in Georgia bear the brunt of the changes, UMCH was not a signatory on the agreement.
UMCH was set up! Lambda plaintiffs had prior knowledge that the UMCH shared religious beliefs with resident children. Plaintiffs interviewed, also, were informed that all applicants were required to read and complete “The United Methodist Children’s Home Position on Family, Marriage, and Human Sexuality.” Then, sign a document containing these statements:
“Although all persons are sexual beings whether or not they are married, sexual relations are only clearly affirmed in the marriage bond … we do not condone the practice of homosexuality.”
Knowing UMCH’s stance that homosexuality is a sin, the applicant completed the employment documents without revealing her sexual orientation and was hired. In six months administrators learned that she misrepresented herself, and released her. Other plaintiffs signed a document stating, “I understand the above positions of the UMCH and will support them by precept and example while affiliated with the Children’s Home.”
Lambda and the State Department of Human Resources settled out of court and the state had a year to comply, which gave the DHR 12 months to adjust policy and rewrite regulations.
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