Academic

Justice Jackson's Fixed Star is Moveable at Eastern Michigan University

By Calvin Massey

     In West Virginia State Board of Education v. Barnette, Justice Robert Jackson famously  declared that "[i]f there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein."  That was 1943, but Eastern Michigan University has yet to receive the message.   

     Julea Ward was a graduate student in EMU's counseling program.  According to her complaint in federal district court the program "requires students to affirm or validate homosexual conduct ... within the context of a counseling relationship."  Because Ward has religious convictions that forbid her from doing so she asked her supervisor in the Counseling Practicum in which she was enrolled what she should do with respect to a client who wished to consult her about problems within the client's homosexual relationship.  Her supervisor advised her to refer the client to a different counselor.  Ward did so.  Her supervisor then initiated disciplinary proceedings against Ward.  Et tu, Brute?   Ward was then told she must undergo "remediation" to change her "belief system" about homosexual conduct.  She refused to do so and was expelled from the program.  By the way, she had a 3.91 GPA and was four credits shy of completion of the program.   Here is a news account of the matter. 

   EMU is likely to respond that its requirement is imposed in the context of a school-sponsored expressive activity -- the Counseling Practicum -- and is "reasonably related to legitimate pedagogical concerns."  Hazelwood School District v. Kuhlmeier. Much the same might be said about the stiff-armed compulsory flag salute struck down in Barnette.  According to Bethel School District No. 403 v. Fraser  a "highly appropriate function of public school education" is to educate students about the impropriety of vulgar and offensive public discourse.  Surely educating students to respect the country of which they are citizens is equally valid, but requiring students to profess that belief was not valid.  Of course, EMU will say that accepted psychological practice is contrary to Ward's beliefs, and that requiring her to change her "belief system" is necessary to achieve competence as a counselor.  I suppose requiring those West Virginia kids to give the flag a stiff-arm salute may have been necessary to achieve good patriotic citizenship, too.  

    Fixed stars don't move, even in academia.     

H/T to David French at NRO's phi beta cons blog.  

Full post as published by The Faculty Lounge on April 08, 2009 (boomark / email).