Education

More News | |

Judge rejects Keeton lawsuit

ASU requirements deemed 'legitimate'

  • Follow Education

Augusta State University's requirement that a graduate student read material about counseling gays and increase her exposure to that community after she objected to counseling homosexual clients was "academically legitimate," a federal court judge ruled Friday.

Jennifer Keeton
Jennifer Keeton

U.S. District Judge Randal Hall's decision enables university officials to expel Jennifer Keeton if she does not follow the remediation plan, which professors designed to "address issues of multicultural competence and develop understanding and empathy."

Hall said the case is not about "pitting Christianity against homosexuality," but rather the constitutionality of the school's requirement.

Professors asked Keeton to complete the remediation plan after she said she opposed homosexuality and would tell gay clients "their behavior is morally wrong and then help the client change that behavior," according to an affidavit filed in the case.

Keeton filed a lawsuit against the school in July, alleging the requirement was viewpoint discrimination and a violation of her First Amendment rights.

Hall ruled that Keeton "failed to clearly establish her high burden of persuasion of a 'substantial likelihood' of success of the merits of her case."

She provided no evidence that ASU faculty imposed the remediation plan because they personally disagreed with her views, Hall said.

In an Aug. 11 hearing, ASU professors testified that the plan was not a punishment for voicing her beliefs, but a tool to teach Keeton how to counsel clients while not imposing her views.

"All three professors testified that they never told (Keeton) that she was required to change her religious beliefs in order to stay in the counseling program," Hall wrote.

He noted that Keeton did not testify at the hearing nor present any witnesses in support of her motion.

Hall said Keeton's unwillingness to adhere to the school's viewpoint-neutral code of ethics set by the American Counseling Association constitutes a refusal to complete the curriculum.

Without completing the remediation plan, Keeton was unable to begin classes at the college as part of a practicum. A filing by her lawyers earlier this week said she had begun the work at Augusta Christian School.

Hall ruled the plan was simply a way to teach Keeton how to counsel all demographics of clients.

"It was not (Keeton's) personal beliefs that were their concern, but rather only her inability to separate her personal beliefs in the judgment-free zone of a professional counseling situation," Hall said.

Comments (220) Add comment
ADVISORY: Users are solely responsible for opinions they post here and for following agreed-upon rules of civility. Posts and comments do not reflect the views of this site. Posts and comments are automatically checked for inappropriate language, but readers might find some comments offensive or inaccurate. If you believe a comment violates our rules, click the "Flag as offensive" link below the comment.
psychologyseniorusc
0
Points
psychologyseniorusc 08/21/10 - 05:22 am
0
0
good for justice and the

good for justice and the human good, no one persone should be able to say what they will or not will accept when in a role of humanitarian service what is the difinition of humanitarian? apparentely not her's shame on her for claiming to be a christian

Techfan
6462
Points
Techfan 08/21/10 - 05:43 am
0
0
Doctor to patient, " Well,

Doctor to patient, " Well, your hemoglobin is 6.2 and you're bleeding out, but because I'm a Jehovah's witness and believe blood transfusions are a violation of God's law, bye."

larrym
0
Points
larrym 08/21/10 - 06:10 am
0
0
2 great ruling this week! One

2 great ruling this week! One Judge taking of business in his home and this Judge taking business in the court room!

dwb619
104915
Points
dwb619 08/21/10 - 06:17 am
0
0
Lawsuit appears to have

Lawsuit appears to have failed. Maybe audition for a reality show?

effete elitist liberal
3191
Points
effete elitist liberal 08/21/10 - 08:12 am
0
0
Yea!! U.S. Constitution 1,

Yea!! U.S. Constitution 1, Jennifer Keeton 0000000000000000000000000000000000000000

TrukinRanger
1748
Points
TrukinRanger 08/21/10 - 06:47 am
0
0
HAHAHAHAHAHA... I love it...
Unpublished

HAHAHAHAHAHA... I love it... this hateful little snot didn't get her way.

bettyboop
8
Points
bettyboop 08/21/10 - 07:06 am
0
0
Pearls before

Pearls before Swine......................................

MajorPaul
0
Points
MajorPaul 08/21/10 - 07:33 am
0
0
This is a good thing. Miss

This is a good thing. Miss Keaton can appeal this ruling, and actually help this country's education system get back on the right track.

Think about this a second. What ASU is saying is the American Counseling Association says a counselor can never tell a client that their behavior is morally wrong and then help the client change that behavior.

I have known many people whose counselors told them exactly that. Or does the American Counseling Association only frown on telling someone that homosexuality is morally wrong?
I think I might go ask one of the ASU counselors if incest is morally wrong just to see what they might say. Or if beating my wife and kids is morally wrong. I suppose they might not suggest I change those behaviors either.

GNicole
68
Points
GNicole 08/21/10 - 07:35 am
0
0
Baron, this is not about

Baron, this is not about freedoms. When I went to school, I had a curriculum that I had to adhere to. Yes, she can get her degree in whatever she wants to get it in. Yes, she can choose whatever she wants as a major. BUT, ASU has a right to set guidelines. If she does not like the guidelines, she can go to a different school which will allow her to try to change homosexuals.

Fiat, she clearly stated "their behavior is morally wrong and then help the client change that behavior." Anyone who believes this is adamant about her decision. I don't care if she counsels or not. I just don't want her forcing her decision on anyone. If she begins doing that as opposed to allowing people to come to their own decision, then the clients will be worse off than when they came in.

I absolutely agree with the judges ruling!!

soldout
1283
Points
soldout 08/21/10 - 07:36 am
0
0
You can't go wrong hating sin

You can't go wrong hating sin and loving people. Jesus cast out demons. If you counsel someone that has a demonic influence and don't believe in them and deal with it you won't do them much good. Sin opens the door to demonic influence and once attached regular counsel usually won't fix it. All battles are won and lost in the spiritual realm and everything else is usually just a lot of talk. It is always better to fix someone than to make them feel a little better about their sin.

Sellout
0
Points
Sellout 08/21/10 - 08:08 am
0
0
Judge Hall got this one

Judge Hall got this one right. And like others have said, this isn't about denying someone their right to believe how they want, it is about not awarding a degree to someone who has not met the standards set forth in the curriculum. Everyone preaching about following the teachings of Jesus should remember that Jesus never said one word about homosexuality.

Willow Bailey
20605
Points
Willow Bailey 08/21/10 - 08:16 am
0
0
soldout, you are correct as

soldout, you are correct as long as we realize that first, the person desires change and secondly, that it is God who does the fixing and not us.

thyroxin
0
Points
thyroxin 08/21/10 - 08:28 am
0
0
GAYS ABORTION GUNS

GAYS ABORTION GUNS RACE...this is right wing conjecture every time there is a democratic president....i dont even know why folks take this ..seriously....abortion for instance is legal over 30 years we have a right wing supremecourt ...why did they not change it LOL because they actually dont care its just stearing up the stupid ....with the above to get re-elected again ....the right wing has no platform...but the same lame crap m its about tax evasion and the top 2% getting their way....if the right wing was so concerned with social ills we would have at least paid mandatory maternity leave like any other civilized nation.....the stupid have always been fasists....and the right wing knows his ignorant constituants.....

InChristLove
22485
Points
InChristLove 08/21/10 - 08:33 am
0
0
Sellout, the problem with

Sellout, the problem with your 9:08am statement is whether you believe that the Bible is the inspired word of God. If you believe that the Holy Spirit inspired the apostles and prophets to write the Word of God, then God did speak out against homosexuality in the New Testatment as well as the Old Testament.

If you don't believe in the Holy Word of God, the Bible, then of course you would have the opinion that Jesus never said a word about homosexuality.

Jake, don't know what you mean by finding a homosexual in my prayer closet trying to get out......are you trying to be funny making some kind of statement that I'm a closet homosexual. It didn't work.

thyroxin
0
Points
thyroxin 08/21/10 - 08:36 am
0
0
If JESUS cast out demons he

If JESUS cast out demons he needed to start at about 1920 when robber barons bankrupted america..and again when the new robber barons went crazy again!! wall street..thats where your jesus needs to start working his casting out demons..when children die about 40thousand a day of hunger ..when americans died about 20-40 thousand a year for lack of health care..when the tax evaders hose the ignorant with gays and abortion to be able to continue to deplete america and americans of their wealth ...2% in america live that american dream ...the rest are [filtered word] out on various levels .......get a clue

Willow Bailey
20605
Points
Willow Bailey 08/21/10 - 08:37 am
0
0
Sellout: " Everyone preaching

Sellout: " Everyone preaching about following the teachings of Jesus should remember that Jesus never said one word about homosexuality."
____________________________________
Here is something for you and others to ponder: Go to the site for the full article if you are interested in the truth. If not, no problem to me.

Full article available on TheBible.net at: http://www.TheBible.net/modules.php?name=Read&cat=9&itemid=81

TheBible.net :: Morality & Ethics

Did Jesus Ever Condemn Homosexuality?
By Mike Benson

Question: “Is there any place in the New Testament where Jesus actually condemned homosexuality? If so, I have not been able to find it. ...It seems to me that if the Savior didn’t say it was wrong, then neither should we.”

Answer: While it is true that there is no NT record of where Jesus explicitly stated that homosexuality is wrong, He did in fact condemn the behavior. A careful study of the Bible will bear this out. Please read the following Bible passages and then consider the questions which follow:

1. And He answered and said to them, “Have you not read that He who made them at the beginning ‘made them male and female,’ “and said, ‘For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh?’” (Matt. 19:4.)

Questions: What did Jesus say about God’s creative work? Did He make Adam and Joseph? Did He create male and male, or did He create male and female? According to this passage, what has been God’s plan for sexual union [one flesh] since the beginning of time? Was His plan for a male partner to be joined to another male partner, or was it for a husband to be united to his wife? According to this passage, is a man to cleave to his male partner, or to his spouse?

Consider: Since Jesus approved of His Father’s plan [i.e., one man, one woman, one flesh,] could we correctly say that Jesus condemned homosexuality?

2. “For if you believed Moses, you would believe Me; for he wrote about Me. But if you do not believe his writings, how will you believe My words?” (John 5:46-47.)

Questions: What law was Jesus born under? What law did He live under? Answer: The Law of Moses (cf. Gal. 4:4.) Did Jesus endorse and follow the Law of Moses? What did the Law of Moses say about homosexuality? (Lev. 18:22; 20:13; Deut. 23:17.)

Consider: Since Jesus was born and lived under the Law of Moses, and since He endorsed the Law of Moses, and since the Law of Moses explicitly condemned homosexuality, then could we correctly say that Jesus also condemned it?
3. “I still have many things to say to you, but you cannot bear them now. However, when He, the Spirit of truth, has come, He will guide you into all truth; for He will not speak on His own authority, but whatever He hears He will speak; and He will tell you things to come. He will glorify Me, for he will take of what is Mine and declare it to you. All things that the Father has are Mine. Therefore I said that He will take of Mine and declare it to you” (John 16:12-15.)

Questions: What did Jesus say the Holy Spirit would do for the apostles? Answer: Guide them into all truth (v. 13.) When/as the Holy Spirit guided the apostles into all truth; would He speak on His own authority? Answer: No, He would speak on the authority of Christ (v. 14.) What did Jesus say the Holy Spirit would do in verse 14? Answer: “He (i.e., the Holy Spirit) will take of what is Mine (i.e., Christ’s) and declare it to you” (i.e., the apostles.)

Consider: Since 1) the apostles would be guided into all truth by the Holy Spirit, and since 2) the Holy Spirit would not speak on His own authority but instead would speak on the authority of Christ, and since 3) the Holy Spirit would take of what was Christ’s and declare it to the apostles, then by WHOSE AUTHORITY would the apostle’s speak/write/teach when the Holy Spirit guided them into all truth? Answer: Christ’s.

Question: What did the apostle Paul [by Christ’s authority] say about the practice of homosexuality? (Rom. 1:26-27; 1 Cor. 6:9-10.)

Yes, Jesus did condemn homosexuality in His Word. The good news is, “there is hope for the homosexual; he has reason to believe there is hope for a brighter future. Paul states that some at Corinth had engaged in homosexual acts, but they had been washed, sanctified and justified in the name of the Lord Jesus (1 Cor. 6:9-11.) The same can happen today. As anyone who repents of a sin, the homosexual can be forgiven. He can experience the same freedom and joy that any other sinner knows when he becomes a Christian. The Bible condemns homosexual sex but clearly states that non-practicing homosexuals can be saved” [Doug Sensing, “Christian Response To Homosexuality,” Gospel Advocate, April '93, Vol. CXXXV, No. 4, 12.]

humbleopinion
1
Points
humbleopinion 08/21/10 - 08:37 am
0
0
rmwhitley is quite correct,

rmwhitley is quite correct, and it has nothing to do with Christianity. Uh, but I believe muslims (not capitalized on purpose) actually STONE homosexuals to death, but I don't hear YOU calling them intolerant. Homosexuality is wrong on a biological basis. Males and females are made for the purpose of reproduction of the species.....and it doesn't matter if the species is humans, dogs, elephants or fish. Should WE stone homosexuals to death? Of course not, but we should be able to tell them they are wrong.

palmetto1007
0
Points
palmetto1007 08/21/10 - 08:38 am
0
0
Willow, you add some

Willow, you add some admirable contingencies to soldout's comments.
Based on your previous comments on this issue, I guess I'm a bit suprised.

thyroxin
0
Points
thyroxin 08/21/10 - 08:39 am
0
0
HOMOSEXUALS existed since the

HOMOSEXUALS existed since the beginning of man kind ....for some 6000 years ago for the rest a couple of million years ago.....and they continue to exsist find something else to further your political agendas

ssidekid
0
Points
ssidekid 08/21/10 - 08:41 am
0
0
God loves everyone, not their

God loves everyone, not their sin. I can give you wise council. Then I'm gonna pray for you...

WW1949
19
Points
WW1949 08/21/10 - 08:43 am
0
0
fontana, Not at all. His

fontana, Not at all. His decision is correct. If I were to go to her for counseling Iwould not want her to try and impose her religious views on me. Just give me advice without prejudice.

Willow Bailey
20605
Points
Willow Bailey 08/21/10 - 08:56 am
0
0
I can't share the above

I can't share the above without admitting that like one who practices this particular sexual sin, I too am a sinner, in need of a saviour. God is not just talking to the others, He is talking to ME. Apparently, this discussion was popular in Jesus's time as well.

Because Paul told us in: I Corinthians 6: 9-11
9Know ye not that the unrighteous shall not inherit the kingdom of God? Be not deceived: neither fornicators, nor idolaters, nor adulterers, nor effeminate, nor abusers of themselves with mankind, 10Nor thieves, nor covetous, nor drunkards, nor revilers, nor extortioners, shall inherit the kingdom of God.

He is talking to me about my sins.

11And such were some of you: but ye are washed, but ye are sanctified, but ye are justified in the name of the Lord Jesus, and by the Spirit of our God.

Then He gives me an out - through Christ and salvation.

A great book: "Ragamuffin Gospel" by Brennan Manning I loved it. Think I will reread it today.

No condemnation, no shame and guilt, just understanding from an admitted sinner who shares his hope for all of us.

Willow Bailey
20605
Points
Willow Bailey 08/21/10 - 09:04 am
0
0
palmetto 7: We get caught

palmetto 7: We get caught up in stuff don't we? And before we know what we are doing we sometimes say things that do more harm than good.
I do believe and I know everyone doesn't; and it is hard to hear someone say things that you don't accept. I realize that it goes both ways.

I believe even through disagreement and offenses, God will use all of you to grow me into being who He wants me to be.

palmetto1007
0
Points
palmetto1007 08/21/10 - 09:09 am
0
0
I think we found something,

I think we found something, finally, that we can agree on, Willow.

Dixieman
17619
Points
Dixieman 08/21/10 - 09:12 am
0
0
She will be moving to

She will be moving to California to live with Carrie Prejean.

InChristLove
22485
Points
InChristLove 08/21/10 - 09:13 am
0
0
Willow Bailey, thanks so much

Willow Bailey, thanks so much for your 9:37am post and as always, done in such a way that truth is presented without condemnation.

Willow Bailey
20605
Points
Willow Bailey 08/21/10 - 09:33 am
0
0
Thank you, Palmetto. Help

Thank you, Palmetto. Help keep me accountable, ICL. And Dixieman, you just keep me laughing, because I can forget to sometimes!

Aura68
0
Points
Aura68 08/21/10 - 09:49 am
0
0
This comes as no surprise to

This comes as no surprise to me. Myself and many others were able to read what was being stated clearly over and over again. The school was not trying to change this girls beliefs - they were attempting to help her better understand a group of individuals she was biased toward. The program she is part of clearly states what the expectations are from the word go. Many students and counselors have pointed this out time and again on the MANY articles about Ms. Keeton.

And to whomever suggest that everyone should be forced to undergo remediation - everyone is not behaving as Ms. Keeton is. Her behavior, her own words, her school work, etc... have resulted in the schools actions. Plenty of Christians have graduated from this program without undergoing any form of remediation. Something in her behavior made the school feel that she would not be able to effectively counsel gay students without potential harm and detriment. It just boggles my mind that people can't or won't understand that.

If a white student was in the program and it became apparent they had a biased against African Americans they would be given a remediation plan. And contrary to what some ignorant people think; if a Muslim was in the program and they voiced strong biased toward Christians they would be given a remediation plan. If a purple alien was in the program and they hated the human race they would be given a remediation plan.

Like the judge stated - it is not Christianity vs homosexuality. This girl thought that she was special and that she did not have to do the work that so many before her have had to do. No one will ever convince me that she's the first counseling student at ASU to be issued a remediation plan and told to complete it before she obtains her degree. It's really sad that so many people want to make excuses for her inability and unwillingness to complete the program outlined for her.

Riverman1
94426
Points
Riverman1 08/21/10 - 09:49 am
0
0
Riverman said, "I'd do away

Riverman said, "I'd do away with the whole counseling major in college. If public schools want to have a couselor, let them pick their teacher with the most common sense, regardless of her sexual views or whatever. It's foolish to think people with low SAT's and a few years of college can offer any real advice. Aunt Bee gave better advice than these people do.

If you're crazy see a psychiatrist. If you are having problems in school see a teacher-counselor."

--------------------------------------------------------------------
Palmetto1007 said, "wow, Riverman. You're idea is way off the charts......maybe like in Mayberry??"
----------------------------------------------------------------

Thanks, that's a compliment. The "charts" are what's wrong. You can't create a couselling expert for some profession out of someone who has never taught, ministered or whatever the profession is with a little made-up title of cousellor.

The field doesn't attract the best students in any case. Ms. Keeton is certainly not a smartphone.

Dixieman
17619
Points
Dixieman 08/21/10 - 09:44 am
0
0
What is wrong with her

What is wrong with her lawyers? To win a preliminary injunction, you have to show substantial likelihood of ultimate success in the case on the merits and irreparable injury. First year law students know that YOU CANNOT DO THIS IF YOU DO NOT PRESENT ANY WITNESSES FOR YOUR SIDE! No wonder she lost at this stage....

Back to Top
loading...
Search Augusta jobs