(This bill passed the House and was much later killed by unanimous vote of the Senate H&W Committee after a disgruntled and inaccurate attack by Senator Darrington against information published in these web pages.)

Arguments in Favor of HB-470
to
Repeal Section 54-3405A, Idaho Code
relating to
Licensing of Pastoral Counselors
before the
Health & Welfare Committee
of the
Idaho State Senate

March 4, 1998

I. The term “Pastoral Counselor” clearly reflects the religious and spiritual nature of this endeavor:

A. As evidenced by definition (American Collegiate Dictionary);

1. “pastor” - “a minister or clergyman with reference to his flock” or “one having spiritual care of a number of persons.”

2. “pastoral” - “pertaining to a minister or clergyman, or his duties, etc.”

B. As used in the context of Section 54-3405A, Idaho Code;

1. 54-3405A(1) Idaho Code refers to “a master of divinity (M.Div.) degree”.

2. 54-3405A(1)(f) Idaho Code refers to studies in “Psychology of religious experience”.

3. 54-3405A(3) Idaho Code refers to accreditation “by the association of theological schools (ATS)”.

C. As used by the American Association of Pastoral Counselors Bylaws;

1. Article II, Section A, 2 says: ‘“The term “Pastoral Counselor” shall refer to a minister who practices pastoral counseling at an advanced level which integrates religious resources with insights from the behavioral sciences.”’

2. Article II, Section A, 3 says “pastoral counseling” is “a process in which a pastoral counselor utilizes insights and principles derived from the disciplines of theology and the behavioral sciences...”

3. AAPC membership requires:

a. a Master of Divinity degree (Article 2, Section B, 2, b);

b. “membership in...a religious endorsing body which certifies the applicant as a minister...” (Article 2, Section B, 2, c);

c. “a continuing responsible relationship to one’s local religious community” (Article 2, Section B, 2, d);

d. “three years as a minister...a professional religious leader” (Article 2, Section B, 2, f);

e. “(375) hours...dealing with the theological and psychological dimensions of human problems” (Article 2, Section B, 2, g)

D. As evidenced by other writings;

Paul Johnson, in The Mission, Theological Foundation and Uniqueness of Pastoral Counseling wrote, “The result of successful counseling...is the growth in the ability by the counselee to relate creatively , trustfully, and lovingly to others and God. Such relationships are the heart of religious life.” “Pastoral counseling recognizes that all healing and growth are of God.” (Quoted by Bisbing, Jorgenson and Sutherland in footnotes to Chapter 6, Clergy and Pastoral Counselors of the text Sexual Abuse by Professionals: A Legal Guide)

E. As practiced and mandated in the Holy Scriptures.

Philippians 4:2-9; Colossians 3:1-17; Ephesians 4,5,6; 2 Timothy 3:12-17; Titus; 1 John 4:7-21; 2 Peter 1:3-9; etc.

II. 54-3405A Idaho Code qualifications for licensure favor a religious philosophy of counseling that is particular to the American Association of Pastoral Counselors (AAPC).

A. Specified study requirements do not represent a norm for pastoral counseling.

1. Psychological theory and practice continually drift from one mode to another; there is no practical norm.

2. The integration of psychology and religion, with its many diversities, makes a practical norm even less attainable.

B. Specified study requirements do not accommodate all perspectives on pastoral counseling.

1. Many pastoral counselors reject the basic secular tenets of psychology which are imposed by 54-3405A, Idaho Code because:

a. Some see them as unbiblical;

b. Some see them as ineffective toward genuine healing and;

c. Some see them, to some degree, as harmful to spiritual and social well-being.

2. Many pastoral counselors do not see the need for such extensive educational requirements, realizing that it is God who endows certain individuals with special abilities to give effective spiritual counsel.

3. By its very nature of determining what is acceptable and what is not, a national counselor examination could not help but exclude certain philosophies of pastoral counseling.

4. Religious and philosophical biases would surely be unavoidable in the review of applications and in disciplinary actions.

C. The American Association of Pastoral Counselors, a private organization, has been granted exclusivity over other similar religious organizations in specifying study requirements (54-3405A,1) and in appointing approved supervisors (54-3405A, 4).

III. 54-3405A(7) Idaho Code requires Pastoral Counselors to adhere to the ethics of a secular organization, the American Counseling Association.

A. It’s self-serving “Vision Statement” is “To become recognized as the association for professional counselors.” (emphasis theirs);

B. It is an activist organization which promotes philosophies and practices that are at odds with biblical Christianity.

1. It maintains a division called the Association for Gay, Lesbian, and Bisexual Issues in Counseling which:

a. “Advocate(s) for full recognition of gay, lesbian, and bisexual families... that include children obtained through biological or adoptive processes.” (Mission Statement 6/10/97);

b. has outlined among its goals “Assisting ACA and Divisions in addressing GLBT (Gay Lesbian Bisexual Transsexual) issues in their codes of ethics”;

c. plans “to review ACA bylaws and policies... to see if GLBT issues are included”; and

d. plans to “Market the new procedures to ACA membership”. (October 11, 1997 AGLBIC Leadership Meeting Minutes)

2. One of ACA’s founding associations is the Association for Humanistic Education and Development (AHEAD), which disseminates “information about humanistically-oriented counseling practices and promotes... humanistic principles”.

E. ACA imposes its Code of Ethics upon other organizations with which counselors may be affiliated. (ACA Code of Ethics and Standards of Practice, Section H.2.c)

IV. 54-3405A Idaho Code gives unfair and possibly unwarranted public credibility to certain pastoral counselors.

A. The code is an insult to the many professional and lay counselors, with or without official religious ties, who have so faithfully and effectively met the needs of hurting people for centuries.

B. The Code’s validation of certain counselors will tend to draw hurting people away from traditional and arguably more effective solutions via normal religious affiliations:

1. Because of the Code’s stamp of approval on one counselor versus another and;

2. Because of insurance moneys available only to certified pastoral counselors.

C. It is not incumbent upon the State to facilitate avenues of revenue for pastoral counselors; it is particularly grievous when it excludes many qualified counselors and as it grants preferred status to others.

V. 54-3405A Idaho Code ignores both the spirit and the letter of Article I, Section 4 of the Constitution of the State of Idaho: “no person shall be denied any civil or political right, privilege, or capacity on account of his religious opinions...nor shall any preference be given by law to any religious denomination or mode of worship.”

A. The ill-conceived pastoral counseling law exists for the purpose of establishing which religious perspectives, in the realm of counseling the public, are valid and which are not; if this were not so, there would be no need for any religious elements in the licensing procedure. This gives obvious preference, by law, to what are essentially denominational points of view. (For example: The American Association of Pastoral Counselors, the National Association of Nouthetic Counselors, the American Association of Christian Counselors, and the International Association of Biblical Counselors might be viewed as different denominations in the specific sphere of spiritual counseling.)

B. A pastoral counselor who holds the religious convictions that a Master of Divinity or Doctoral degree is not necessary, or whose denomination does not provide for such degrees, would be excluded from licensure; this would be the denial of a “civil...privilege, or capacity on account of religious opinions.”

C. A pastoral counselor who, because of religious belief, could not subject himself to the mandated areas of study, or perhaps to the philosophies of the AAPC, the licensing board, or the ACA would be robbed of his constitutional privilege because of his religious opinions.

D. The Idaho Attorney General’s Office, on February 3, 1998, issued a letter of opinion indicating that:

1. “the plain language of the statute establishes criteria that have the potential to favor one religious denomination over the other; that

2. “the state may have put itself in the position of imposing religious rules and endorsing religious norms” and that if a reviewing court finds that to be true, “then that court will probably rule that Idaho Code 54-3405A violates Art.1, sec. 4 of the Idaho Constitution and the First Amendment of the U.S. Constitution.”; and that

3. “the optional nature of the license” does not solve its constitutional problems:

54-3405A essentially “forces every pastoral counselor to either comply with the criteria in the statute or forego the potential benefits of a license”. This ‘“would be an extremely difficult choice if the criteria... are inconsistent with the “religious authority or dogma” of a given denomination or sect. Therefore a reviewing court probably would not rule that the optional nature of the license scheme remedies any potential conflict with the establishment clause.”’

VI. 54-3405A Idaho Code sets a precedent of government intrusion into religion – a spark that has the ominous, murky, glow of worse things to come.

A. Legislative measures are already in the works (SB-1419) to make the pastoral counselor license mandatory, further obscuring the distinctions between secular and religious counseling, and making even more oppressive impositions against religious individuals and organizations.

B. History has repeatedly demonstrated the tragedy of government intrusion into religious matters.

VII. 54-3405A Idaho Code will add nothing toward the prevention of potential counselor abuses; the failures of licensed individuals in every such capacity can be readily demonstrated.

VIII. The problems posed by 54-3405A can be resolved by the simple repeal of this ill-advised and unconstitutional law:

A. It was admittedly born out of the desire for special recognition and greater monetary gain for only a few interested religious counselors;

B. It was passed without the hearty debate that it deserved;

C. It promises future headaches for other religious counselors, as well as for the Bureau of Occupational Licensing; and

D. It should be repealed now, before it is implemented and becomes an even greater problem.

 

Thank you for kindly considering my thoughts on this important freedom issue.

Please support HB-470.

With sincere concern for the people of Idaho,

Nelson M. “Nels” Wilson
General Manager
KBGN Christian Radio
3303 E. Chicago St.
Caldwell, ID 83605
208-459-3635

(This bill passed the House and was much later killed by unanimous vote of the Senate H&W Committee after a disgruntled and inaccurate attack by Senator Darrington against information published in these web pages.)