AUGUSTA, Maine — In what some are calling a victory for religious freedom and free speech, a Maine licensing board has dismissed all complaints against a high school counselor who came under fire last year for appearing in a TV commercial opposing gay “marriage.”
In a 2–1 vote April 9, the Maine Board of Social Worker Licensure dismissed both complaints that had been filed against Donald Mendell Jr., whose social worker’s license was in danger of being suspended. After Mendell appeared in an October commercial supporting an initiative known as Question 1 — which eventually passed, reversing a law that would have legalized gay “marriage” — a social worker at another school in the same city — Newport — filed a complaint with the board against Mendell, who is a counselor at Nokomis High School.
Mendell taped the ad only after a fellow teacher at his school appeared in a TV ad opposing Question 1. The school’s name did not appear in either ad and Mendell was the only one facing a complaint.
The Alliance Defense Fund (ADF), a Christian legal organization, represented Mendell. “The government should not punish people because they believe that marriage is the union of one man and one woman and because they say so during a political campaign,” ADF attorney Jordan Lorence said in a statement. “The licensing board was right to dismiss these complaints. The First Amendment protects the rights of citizens to speak out on important public policy matters being voted on by the people.”
The Oct. 19 complaint argued that while Mendell was entitled to his own personal beliefs, “he does not have the right as a licensed social worker to make public comments that can endanger or promote discrimination.” In the ad, Mendell warned that gay “marriage” would be “pushed on Maine students” if Question 1 didn’t pass. A second complaint was filed Oct. 30 by another social worker. (TAB)
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