US court sides with CDC over fight with counselor

ATLANTA (AP) — A federal court Tuesday turned down a former employee's claim that her religious rights were violated when she lost her counseling job at a federal agency for refusing to advise a woman in a same-sex relationship.

The 11th U.S. Circuit Court of Appeals upheld a judge's decision to dismiss the lawsuit brought by Marcia Walden against the Centers for Disease Control and Prevention, two of its employees and the contractor that hired her. The panel concluded she had no right to bring the lawsuit because the contracting company sought other ways to accommodate her beliefs.

The dispute began in 2007 when a woman came to Walden for advice involving a same-sex relationship. Walden told the woman she couldn't help because her "personal values" as a devout Christian prevented her from offering her assistance, and the woman complained to administrators that she felt "judged and condemned" by Walden after the encounter.

Walden's supervisor told her she could tell a client seeking same-sex relationship advice that she was inexperienced with that type of counseling, rather than stating her personal values. But Walden refused to do so, saying that she would be lying to a client if she said she didn't have experience offering relationship advice.

The company that the CDC had hired to provide counseling services, Computer Sciences Corporation, then terminated Walden at the CDC's request.

During oral arguments in March, attorneys for the CDC and the company told the judges that Walden could have simply referred the employee to another counselor without explanation. They said the firm's contract prohibits a counselor from broadcasting feelings that would cause "potentially serious damage" to the program.

Attorneys for Walden, who was represented by conservative religious rights organization Alliance Defense Fund, contended she was targeted for mistreatment based on her religious beliefs. They said she was offered a "dishonest option" and she shouldn't be punished for refusing it.

The three-judge panel found that Walden's contractor offered her a "reasonable accommodation" to solve the dispute by offering her the chance to seek another position. It said that offer triggered a responsibility for her to respond with a good faith attempt to follow through.

"She failed to comply with this duty when she elected not to apply for any positions within the one-year period," the court's opinion found.

Walden's attorneys said they were disappointed in the ruling and determining whether to appeal.

"A counselor who is a Christian shouldn't lose her job for upholding the highest professional standards," said Byron Babione, the Alliance Defense Fund's senior counsel. "It is unlawful to punish a Christian for abiding by her faith, particularly when she made every effort to accommodate the interests of a potential client."

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