Clergy Participation in Court-Ordered Counseling

[David E. Guinn]

It strikes me that this is simply a variation on the various charitable
choice laws and programs.  It simply allows religious providers
(clergy/couselors) to provide social services.


----- Original Message -----
From: "Rick Duncan" <conlawprof at YAHOO.COM>
To: <RELIGIONLAW at listserv.ucla.edu>
Sent: Thursday, January 24, 2002 1:53 PM
Subject: Re: Clergy Participation in Court-Ordered Counseling


> I agree with Paul. The state's interest is in ensuring
> that the person receive counseling and treatment. The
> viewpoint of the treatment (secular or religious)
> should be a matter of private choice, not governmental
> coercion. At a minimum, it should be *permissible* for
> the state to allow the patient to determine whether to
> seek religious or secular counseling. The private
> choice feature of the law ensures that the govt. is
> neither endorsing religion nor coercing religious
> participation.
>
> Cheers, Rick Duncan
>
> --- Paul Salamanca <psalaman at UKY.EDU> wrote:
> > This provision strikes me as reasonable, and
> > consistent with the Religion
> > Clauses.  It wouldn't require a person to seek
> > pastoral counseling; it
> > would simply permit it.  It makes a lot of sense
> > from a free exercise
> > perspective.
> >
> > At 10:03 AM 1/24/2002 -0700, you wrote:
> > >I just noticed that the Utah legislature is
> > considering a bill that would
> > >allow clergy to participate in court-ordered
> > counseling.  Any thoughts on
> > >the constitutionality of this?  The text follows.
> > >
> > >  78-3a-122. Court-ordered counseling.
> > >     If a person is ordered by the court to
> > participate in counseling as
> > > part of a program or treatment plan, the person
> > may be counseled by a
> > > member of the clergy, subject to reporting
> > requirements prescribed within
> > > the program or plan.
>
>
> =====
> "Do you not think an angel rides in the whirlwind and directs the storm."
>     --President George W. Bush (quoting John Page)
>
> "When the Round Table is broken every man must follow Galahad or Mordred;
middle things are gone."  -C.S. Lewis
>
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