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Maine counselor’s career threatened for support of marriage

ADF attorneys representing man reported to licensing board say complaint is attempt to shut down free speech, silence opposition
Friday, October 30, 2009

AUGUSTA, Maine — A high school counselor who supports marriage between one man and one woman has been reported to a Maine licensing board because of his views. Attorneys with the Alliance Defense Fund represent Donald Mendell, the subject of a complaint filed with the Board of Social Worker Licensure by a co-worker because he expressed support for marriage and the “Vote Yes on One” campaign.

“No one should have their livelihood placed in jeopardy because they believe marriage is the union of a man and a woman,” said ADF Senior Legal Counsel Austin R. Nimocks. “This threat to Don, his family, and his career makes clear that those in favor of redefining marriage also want to penalize and silence those who don’t agree with them. So, the definition of marriage is not the only thing at issue here. Free speech, freedom of conscience, and religious liberty are also in danger.”

The complaint attacking Mendell, a licensed counselor at Nokomis Regional High School, accuses him of violating the state’s code of ethics for social workers because of his expressed position on marriage.

The complaint cites his appearance in a “Vote Yes on One” television ad that encourages citizens to vote in favor of Ballot Question 1, which would allow Mainers to repeal a recent law that imposed a redefinition of marriage on the people. The complaint fails to mention that the ad was created in response to a “Vote No on One” ad that featured a Nokomis teacher encouraging a “no” vote on Question 1 from a classroom at the high school itself. The complaint is not critical of that ad or the teacher featured in it.

Mendell has 30 days from the date he received a copy of the complaint to respond to it.

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ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.
 
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Mendell Response Letter

ABOUT Austin R. Nimocks

Austin R. Nimocks serves as senior legal counsel for the Alliance Defense Fund at its Washington, D.C., Regional Service Center, where he litigates as a member of the marriage litigation team. Before joining ADF in 2007, he served more than 10 years in private practice, most recently at Austin R. Nimocks & Associates, P.L.L.C., in Biloxi, Miss. Nimocks earned his J.D. from the Baylor University School of Law in Waco, Texas, and is admitted to the bars of the District of Columbia, Texas, Mississippi, Alabama, and Arizona, along with several other federal and state courts.