Whereas, "pastoral counselor" is, by
definition, a religious title which denotes an intrinsically religious function; and
Whereas, the Idaho "counselor license board" is, by
constitutional mandate, a necessarily secular board with a necessarily secular function
and effect;
Therefore, it naturally follows that regulation of any "pastoral
counselor" by the "counselor license board" is constitutionally forbidden.
Corollary: If it were to somehow be established that it is proper for the
"secular" "counselor license board" to regulate the
"religious" title and functions of "pastoral counselors", then it
would naturally follow that it is also proper for some "secular" board to
regulate any other "religious" title or function. (For example: It would then be
equally acceptable to have a board for the purpose of regulating "pastors".)
Conclusion: Any specific licensing of "pastoral counselors" is
unconstitutional. Except for the fact that 54-3405A establishes a special category for
"pastoral counselors", there is nothing that would forbid a religious
counselor from getting a generic "Professional Counselor" license and
continuing to call himself a "pastoral counselor." A special Pastoral Counselor
license is neither necessary nor constitutional.
The only real solution
is to remove from the Idaho Code
any reference to such religious counselors or their functions.