Jennifer Keeton v. Mary Jane Anderson-Wiley

664 F.3d 865, 2011 U.S. App. LEXIS 25077, 2011 WL 6275932
CourtCourt of Appeals for the Eleventh Circuit
DecidedDecember 16, 2011
Docket10-13925
StatusPublished
Cited by52 cases

This text of 664 F.3d 865 (Jennifer Keeton v. Mary Jane Anderson-Wiley) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jennifer Keeton v. Mary Jane Anderson-Wiley, 664 F.3d 865, 2011 U.S. App. LEXIS 25077, 2011 WL 6275932 (11th Cir. 2011).

Opinions

BARKETT, Circuit Judge:

Jennifer Keeton was enrolled in the Counselor Education Program at Augusta State University (ASU), a Georgia state school, seeking to obtain her master’s degree in school counseling. After Keeton completed her first year in the program, ASU’s officials asked her to participate in a remediation plan addressing what the faculty perceived as deficiencies in her “ability to be a multiculturally competent counselor, particularly with regard to working with gay, lesbian, bisexual, transgender, and queer/questioning (GLBTQ) populations.”1 ASU’s officials required Keeton’s consent to the remediation plan before Keeton could participate in the program’s clinical practicum, in which she would have to counsel students one-on-one. Rather than completing the remediation plan, Keeton filed this action pursuant to 42 U.S.C. § 1983, alleging that requiring her to complete the remediation plan violated her First Amendment free speech and free exercise rights.2 Along with her verified complaint, Keeton also filed a motion for a preliminary injunction that would prevent ASU’s officials from dismissing her from the program if she did not complete the remediation plan. After holding an evidentiary hearing, the district [868]*868court denied her motion for a preliminary injunction, and it is from this order that Keeton now appeals.3

I. Standard of Review

A district court may grant a preliminary injunction only when the moving party demonstrates: (1) a substantial likelihood of success on the merits; (2) that irreparable injury will be suffered unless the injunction is issued; (3) the threatened injury to the moving party outweighs whatever damage the proposed injunction might cause the non-moving party; and (4) if issued, the injunction would not be adverse to the public interest. BellSouth Telecommunications, Inc. v. MCIMetro Access Transmission Services, LLC, 425 F.3d 964, 968 (11th Cir.2005).

In First Amendment cases, we review a district court’s decision to grant or deny a preliminary injunction under a unique abuse of discretion standard. Questions of law are reviewed de novo. American Civil Liberties Union of Florida, Inc. v. Miami-Dade Cnty. School Bd., 557 F.3d 1177, 1198 (11th Cir.2009) (“ACLU of Florida"). The district court’s findings of ordinary historical facts are reviewed for clear error, id. at 1206, but the district court’s findings of “constitutional facts” are reviewed de novo, id. at 1203. Ordinary facts are the “who, what, where, when, and how of the controversy.” Id. at 1206. In contrast, constitutional facts are the “crucial” or “ultimate” facts that determine whether the defendant’s actions violated the First Amendment. Id. at 1205.

II. Background

The record, which at this stage of the proceedings consists of the verified complaint, the text of the remediation plan, correspondence between Keeton and ASU’s officials, declarations of several ASU students and officials, and the testimony of several ASU officials offered at an evidentiary hearing on Keeton’s motion for a preliminary injunction, shows the following.

In her brief, Keeton describes herself as a Christian who is committed to the truth of the Bible, including what she believes are its teachings on human nature, the purpose and meaning of life, and the ethical standards that govern human conduct. She holds several beliefs about homosexuality that she views as arising from her Christian faith. She believes that “sexual behavior is the result of personal choice for which individuals are accountable, not inevitable deterministic forces; that gender is fixed and binary (i.e., male or female), not a social construct or personal choice subject to individual change; and that homosexuality is a ‘lifestyle,’ not a ‘state of being.’ ” ASU’s officials became aware that Keeton held these beliefs when she expressed to professors in class and fellow classmates in and out of class that she believed that the GLBTQ population suffers from identity confusion, and that she intended to attempt to convert students from being homosexual to heterosexual. Keeton also said that it would be difficult for her to work with GLBTQ clients and to separate her views about homosexuality from her clients’ views. Further, in answering a hypothetical posed by a faculty member, Keeton responded that as a high school counselor confronted by a sophomore student in crisis, questioning his sexual orientation, she would tell the student that it was not okay to be gay. [869]*869Similarly, Keeton told a fellow classmate that, if a client discloses that he is gay, it was her intention to tell the client that his behavior is morally wrong and then try to change the client’s behavior, and if she were unable to help the client change his behavior, she would refer him to someone practicing conversion therapy.

ASU’s officials determined that, through these statements, Keeton expressed her intent to violate several provisions of the American Counseling Association’s (ACA) Code of Ethics, which ASU was required to adopt and teach in order to offer a counseling program accredited by the Council for Accreditation of Counseling and Related Educational Programs (CACREP).4 Among the sections of the ACA Code of Ethics that Keeton’s statements indicated she would violate are:

(1) Section A.l.a: “The primary responsibility of counselors is to respect the dignity and to promote the welfare of clients”;
(2) Section A.4.b: “Counselors are aware of their own values, attitudes, beliefs, and behaviors and avoid imposing values that are inconsistent with counseling goals. Counselors respect the diversity of clients, trainees, and research participants”;
(3) Section C.2.a: “Counselors gain knowledge, personal awareness, sensitivity, and skills pertinent to working with a diverse client population”; and
(4) Section C.5: “Counselors do not condone or engage in discrimination based on age, culture, disability, ethnicity, race, religion/spirituahty, gender, gender identity, sexual orientation, marital status/partnership, language preference, socioeconomic status, or any basis proscribed by law.”

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Bluebook (online)
664 F.3d 865, 2011 U.S. App. LEXIS 25077, 2011 WL 6275932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jennifer-keeton-v-mary-jane-anderson-wiley-ca11-2011.