Blog from the Capital

The Texas Supreme Court will decide whether a congregant can sue her minister, in a case with some broad First Amendment implications. A lower appellate court has already ruled that Rev. C.L. Westbrook can be sued for revealing details of a woman's counseling sessions to his congregation. Touting himself as a licensed professional counselor, what are Westbrook's obligations to abide by that profession's ethical guidelines?

The Legal Liberty Institute, a nonprofit organization that defends religious freedoms and First Amendment rights, as well as Southwestern Baptist Theological Seminary in Fort Worth and Dallas Theological Seminary, are worried that the case may make it easier for church members to sue a pastor with a professional counseling license who talked to them as a religious leader.

They also worry that the case may open the sanctuary doors to allow secular courts to begin governing church doctrine, policy and religious teachings.
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Darrell Keith, the attorney representing Penley, said the case is about negligence by a licensed counselor, not about the church. He said the “far right” is trying to disguise what the case is about.

“It is important for the court to consider this case so that a line can be drawn to guide pastors and professional counselors as to where and when they have professional liability and when they are protected under the religious liberty clauses of the Constitution,” Keith said. “It is not a great threat to the religious liberty of preachers.”