Americans United: Iowa SupremeCourtRulingOnMarriageUpholdsReligious Liberty, Says Americans United

[Brownstein, Alan]

Eugene may be right that a referral is ultimately the best alternative - even it imposes real burdens on the client.  But that doesn't mean it is an easy case.  The best result would be one that minimizes the burdens to the client while respecting decisions based on conscience. As exemptions and accommodations are developed, I think we need to weigh the cost of accommodations carefully and try to identify ways to reduce those costs.

Alan Brownstein

From: religionlaw-bounces at lists.ucla.edu [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Volokh, Eugene
Sent: Tuesday, April 07, 2009 10:57 AM
To: Law & Religion issues for Law Academics
Subject: RE: Americans United: Iowa SupremeCourtRulingOnMarriageUpholdsReligious Liberty, Says Americans United

            But if a counselor has such personal reservations about a client's behavior that he would prefer to refer the client to someone else, then wouldn't it be better for a client to go to that someone else, and avoid the counselor who has reservations?  And that's true even if the counselor, when forced to counsel the client, tries to be as professional as possible.

            Of course, an alternative would be to insist that counselors have no reservations - even unstated ones - about homosexuality or various kinds of religiosity or whatever else, and expel all counselors who admit to such reservations (or at least who candidly admit that because of such reservations they might have a hard time giving the most effective possible advice to some people).  But if we don't go that far, then wouldn't the clients be better served when counselors can set the clients up with colleagues who are most likely to be sympathetic with the client?

            Eugene



From: religionlaw-bounces at lists.ucla.edu [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Brownstein, Alan
Sent: Tuesday, April 07, 2009 12:43 PM
To: Law & Religion issues for Law Academics
Subject: RE: Americans United: Iowa SupremeCourtRulingOnMarriageUpholdsReligious Liberty, Says Americans United

I think cases involving counselors, therapists, and health care providers may be more difficult in at least some situations than Doug suggests. In many cases, it is difficult for the person seeking help about very personal matters to discuss their problems with the counselor or therapist at the initial meeting. Often a relationship has to develop over time before the person seeking assistance fully confides in the counselor. To have the counselor refer the patient to another therapist at that time imposes serious burdens on the client.  In some cases, there may be a way for counselors to provide information to prospective clients so that they can make choices to avoid this predicament. But that possibility may not always be feasible.

Alan Brownstein

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