SALEM, Ore. – Shortly after Alliance Defending Freedom attorneys appealed the case of a licensed counselor to an Oregon appeals court, the Oregon Board of Licensed Professional Counselors and Therapists withdrew its disciplinary action against him without explanation and has now notified the court of the withdrawal.
In the case, Canepa v. Board of Licensed Professional Counselors and Therapists, ADF attorneys represent Frank Canepa, who was fined $89,636 by the board for answering a client’s repeated demand to personally affirm same-sex relationships. Although Canepa had seen this client for over two and a half years and had never mentioned his personal views on same-sex relationships in at least 44 other sessions in which this topic came up, the client insisted for 20 minutes in one session that Canepa personally bless her same-sex relationship. Canepa eventually told her he could not personally affirm these relationships because of his Catholic faith.
“The government can’t target counselors for their views and force people to say things that go against their core convictions,” said ADF Senior Counsel and Vice President of Litigation Strategy Jonathan Scruggs. “The Supreme Court recently took Colorado to task for censoring counselors and mandating orthodoxy in the counselor’s office, and Oregon should take notice. ADF will continue to ensure that free speech is protected in Oregon—and every state where it’s threatened—and halt states’ attempts to weaponize their licensure systems.”
The opening brief ADF attorneys filed in April explained that the board’s punishment violated Canepa’s First Amendment rights, including the right to speak in counseling conversations. Recently, the U.S. Supreme Court affirmed this fundamental right in Chiles v. Salazar, holding that constitutional protections “extend to licensed professionals” like Canepa as “much as they do everyone else.”
Canepa tried gently redirecting the client’s repeated demand to provide his personal views on same-sex relationship but, as the client persisted, Canepa finally answered that he could not provide the personal affirmation requested. The Oregon board held that Canepa’s polite answer violated Oregon law and the American Counseling Association’s Code of Ethics and ordered him to undergo six hours of continuing education and pay the costs of his own hearing, which amounted to nearly $90,000. ADF attorneys appealed, asking the Oregon Court of Appeals to overturn the unlawful order.
Matthew Wand of Lynch Murphy McLane LLP is serving as local counsel on behalf of Canepa.
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.
# # #