Expelled Eastern Michigan University counseling student wins OK to sue after her refusal to advise gays, lesbians
Detroit Free Press
January 29, 2012
An Eastern Michigan University student who was expelled from a counseling program because she refused to counsel gays and lesbians about their lifestyles won a key victory today in the U.S. 6th Circuit Court of Appeals.
A three-member panel of the court said Julea Ward can argue her religious discrimination suit against the university before a federal court jury in Detroit.
“Ward’s free speech claim deserves to go to a jury,” Judge Jeffrey Sutton said in an opinion joined by Julia Gibbons and John Adams. Adams is a federal district judge from northern Ohio who was sitting by designation on the appeals court.
“Although the university submits it dismissed Ward from the program because her request for a referral violated the ACA (American Counseling Association) code of ethics, a reasonable jury could find otherwise — that the code of ethics contains no such bar and that the university deployed it as a pretext for punishing Ward’s religious views and speech.”