Oregon withdraws disciplinary actions against Catholic counselor

The Oregon Board of Licensed Professional Counselors and Therapists has withdrawn its disciplinary order against Catholic counselor Frank Canepa and is reconsidering the case in light of a recent ruling by the U.S. Supreme Court, according to a formal notice filed with the Oregon Court of Appeals.

Canepa, a licensed counselor in Beaverton, Oregon, faced nearly $90,000 in fines and other sanctions after telling a longtime client that he could not personally affirm or “bless” her same-sex relationship due to his Catholic faith.

According to Alliance Defending Freedom (ADF), a Christian legal group representing Canepa, the client had pressed the issue for 20 minutes in one session, despite Canepa having seen her 44 times over two and a half years without raising or being questioned about his religious views.

According to the Oregon board, Canepa violated state law as well as the American Counseling Association’s Code of Ethics. The board ordered him to attend six hours of continuing education and pay for his own hearing, which cost $89,636.

ADF appealed the board’s decision on Canepa’s behalf on May 1, arguing that the punishment violated his First Amendment rights to free speech and free exercise of religion, particularly in light of recent U.S. Supreme Court precedents such as Chiles v. Salazar.

Shortly after ADF filed its opening brief, the board voluntarily withdrew its disciplinary actions against Canepa without providing a detailed public explanation.

However, in the Withdrawal of Notice of Proposed Disciplinary Action signed on June 5, the Oregon board cited the Supreme Court’s decision in Chiles v. Salazar as a reason for withdrawing the disciplinary action.

In Chiles, the U.S. Supreme Court in an 8-1 decision on March 31 ruled that the state cannot silence counselors’ personal or professional viewpoints during talk therapy sessions with clients.

Colorado’s law targeting certain viewpoints on sexual orientation and gender identity constituted unconstitutional viewpoint discrimination, the court said in its decision.

“The government can’t target counselors for their views and force people to say things that go against their core convictions,” said Jonathan Scruggs, ADF senior counsel and vice president of litigation strategy, in a June 22 statement to EWTN News. “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,” Scruggs said.