Injustice Anywere is Injustice Everywhere: Tennessee and Beyond

There are indeed some strange things happening in Tennessee, the state where my boys were born, where we worked for close to ten years, and where friends and colleagues live now.

They trouble my soul. I am of the opinion that these political maneuvers will sweep the country under the current hyper-conservative leadership in the WH and the states. I hope I am wrong.

Again, this is a long and convoluted post that weaves together three key things, a code of ethics, a state law, and a proposed state law. Please hang in there with me on this one.

In brief, the following subprinciple is in the AAMFT's latest revision to its code of ethics. For those of us who are marriage and family therapists and who are members of the American Association for Marriage and Family Therapists, we adhere to these standards.

AAMFT Code of Ethics

1.1 Non-discrimination.

Marriage and family therapists provide professional assistance to persons without discrimination on the basis of race, age, ethnicity, socioeconomic status, disability, gender, health status, religion, national origin, sexual orientation, gender identity or relationship status.

A couple of years ago, this bill was passed and signed by the governor of the state of Tennessee:

Tennessee SB 1556. Which asserts that (a) No counselor or therapist providing counseling or therapy services shall be required to counsel or serve a client as to goals, outcomes, or behaviors that conflict with a sincerely held religious belief of the counselor or therapist; provided, that the counselor or therapist coordinates a referral of the client to another counselor or therapist who will provide the counseling or therapy.

(b) The refusal to provide counseling or therapy services as described in subsection (a) shall not be the basis for: (1) A civil cause of action; (2) Criminal prosecution; or (3) Any other action by this state or a political subdivision of this state to penalize or withhold benefits or privileges, including tax exemptions or governmental contracts, grants, or licenses.

Finally, this is the bill that is gaining ground in Tennessee as we speak:

SB 0001 proposed by Johnson

Mental Health & Substance Abuse Services, Dept. of - As introduced, prohibits the Board for Professional Counselors, Marital and Family Therapists, and Clinical Pastoral Therapists from adopting any rule that incorporates by reference a national association's code of ethics, including, but not limited to, the American Counseling Association Code of Ethics; revises other provisions related to allowing counselors to not counsel when doing so conflicts with beliefs. - Amends TCA Title 4; Title 49 and Title 63. 

What do all of these mean for those of us who fight for justice. First of all it means that a member of AAMFT and one who is licensed by the State of Tennessee as a marriage and family therapist (or as a member of any national organization such as APA, ACA, or NASW who is also licensed in the state) stand in contradiction to that which is an ethical principle and that which is state law.

Second, it means that literally, based on any "sincerely held religious belief," I can refuse therapeutic services to anyone. The flood gate can open as wide as it wishes.  You are black and I do not treat blacks, you are Muslim and I do not treat Muslims, you are Hispanic and I do not treat Hispanics, you are LGBT and I do not treat LGBTs, you are whatever and I do not treat whatever you are and whatever your issues are if they disagree with mine. I do not treat members of a particular church who hold to particular beliefs, so let me send you on down the line. Or, I have been working with you for a while, and now I discover that you struggle with X, Y, or Z, so let me send you on down the line.

Third, it means that some of our most vulnerable people are being kicked to the proverbial curb and those who do so as they hide behind the laws of a state are committing greater wrongs.

Fourth, these laws set up artificial distinctions as to what a therapist holds personally or not. To draw the line in pretty obvious ways neglects the fact that we have held personal opinions about any number of personal issues that clients bring to the office. As an aside, several years ago it occurred, to me "that no one died and made me king of the universe, so I will walk with people wherever they are." And in the words of a friend a couple of years ago, "I am just tired of having to be right."

Fifth, the State of Tennessee, if indeed the latest bill passes, is now in the business of regulating codes of ethics. It is curious to me that psychologists, social workers, and other mental health professions are not mentioned in this legislation, nor are other licensed professionals in other professions such as nursing, medicine, or whatever. Why has Senator Johnson done the pick and choose notion? Why not attempt to pass a bill that impacts all as listed in the state's occupational code?  My opinion is that to do so would create a fire storm of unbelievable proportions. Instead, the law picks on smaller licensing boards. That, too, is reprehensible.

Sixth, it means that if a vulnerable client catches wind of these laws and all, she or he, young or old, may decide not to seek the therapy needed. Fearful youth, anxious adults, and other vulnerable people will be cast aside because someone in power and privilege listening to a few of us deem the law more important than people. Seems to me that Jesus of Nazareth had something to say about that, and maybe on more than one occasion.

Technically, since I live in Texas, this is not my fight.  Spiritually, as a man of faith, it is my fight. As one who is concerned about social justice, marginalized people, and people receiving a message of "you do not belong," this matters to me deeply.

My hope and prayer is that people who care, who have influence and are willing to use that influence in the great State of Tennessee, will tell these congress persons to stand down. All of God's children deserve equal treatment under the law. The law should leave ethical standards to those who know the most about clinical issues and their obligations toward ethical issues.

Personally, I think legislators should over rule the first law and choose not to pass the second one.