By Guy Page

A Christian biblical counselor in Vermont recently sent VDC a commentary warning that Proposition 4, the proposed “Equality of Rights” amendment headed to voters in November, could threaten his ability to counsel people according to his religious beliefs — and, he fears, ultimately force him to shut down his work.

A Christian biblical counselor is a believer in Jesus Christ who uses the Bible as the primary source for guidance and support in counseling, focusing on spiritual and moral issues rather than integrating secular psychology.

The counselor, who is known to VDC as a long-practicing and well-regarded member of his profession, wishes his name be withheld from readers because he fears that if Proposition 4 passes he may be targeted for supposed discrimination and be forced to shut down his practice. Rather than violate VDC’s longstanding practice of publishing commentary anonymously (except for obviously satirical noms des plume) VDC instead publishes his concerns, as well as likely responses by supporters of Prop 4, in this news article.  

The counselor’s concern centers in particular on counseling involving sexuality and gender. He cited Genesis 1:27 — “male and female he created them” — and said many Christian Vermonters believe biological sex is part of God’s creation rather than something determined by an individual’s gender identity.

He worries that continuing to counsel from that perspective could eventually expose Christian professionals to discrimination complaints, lawsuits or regulatory action.

The statement does not identify an existing Vermont law or provision in Prop 4 that specifically requires Christian counselors to close their practices. Rather, his concern is about how courts, regulators or future legislatures could interpret the new constitutional language once it takes effect.

Prop 4 would add an “Equality of rights” article to the Vermont Constitution. It states that Vermonters are guaranteed equal protection under the law and that the state may not deny “equal treatment and respect under the law” because of race, ethnicity, sex, religion, disability, sexual orientation, gender identity, gender expression or national origin. The amendment also permits measures intended to provide equality of treatment and opportunity for groups historically subjected to discrimination.

Religion, therefore, is itself explicitly included among the characteristics protected by Prop 4. The Vermont Constitution also already contains significant protections for religious liberty. Article 3 says Vermonters have a right to worship according to the “dictates of their own consciences” and says governmental power should not interfere with rights of conscience in the free exercise of religious worship.

What’s not clear is whether biblical counseling would enjoy protection of ‘free exercise of religious worship.’ Exactly how those religious protections would interact with Prop 4 in a future dispute involving a Christian counselor is not spelled out in the amendment. Legislators asked this question during the Prop 4 legislative process typically said issues like this would be settled in the courts. 

The counselor also objects to placing race and ethnicity alongside gender identity and gender expression. He argues that immutable characteristics should be legally distinguished from what he considers matters of personal choice and religious or moral disagreement.

Supporters of Prop 4 see the proposal differently. In testimony to the House Judiciary Committee, the Windham County NAACP argued that Prop 4 would strengthen constitutional protection against discrimination and said gender identity and expression already appear in contemporary civil-rights laws and policies. The organization rejected arguments portraying protections for transgender and gender-nonconforming people as a threat to others.

The amendment received overwhelming legislative support this year. The Senate approved it 29-0 on March 11, while the House voted 128-14 on May 13. It was subsequently delivered to the Secretary of State for submission to voters.