Higher Ed: Court dismisses suit by student, herself previously dismissed for refusing to counsel gays

Back in 2010, the judge refused to grant her a preliminary injunction:

United States District Court,S.D. Georgia,Augusta Division.

Jennifer KEETON, Plaintiff,
v.
Mary Jane ANDERSON-WILEY, et al., Defendants.

No. CV 110-099.Aug. 20, 2010.

Background: Graduate student in counseling program at state university, who was morally opposed to homosexuality, and who had been placed on remedial status to receive supplemental training regarding counseling of gay, lesbian, bisexual, transgender, and queer/questioning (GLBTQ) clients, filed suit against professor and university alleging First Amendment violations of viewpoint discrimination, compelled speech doctrine, right to belief of one's choice, and retaliation. Student moved for preliminary injunction.

Holdings: The District Court, J. Randal Hall, J., held that:

(1) First Amendment Free Speech Clause restrictions applied to state university's board of regents and faculty; but

(2) graduate student failed to show substantial likelihood of success on the merits that school violated Free Speech Clause of the First Amendment by requiring her to complete GLBTQ sensitivity training, which conflicted with her religious beliefs;

(3) student failed to show substantial likelihood of success on the merits that school violated First Amendment doctrine of compelled speech by requiring her to submit monthly updates as to how training had influenced her GLBTQ counseling beliefs;

(4) student failed to show substantial likelihood of success on the merits that school violated Free Exercise Clause of First Amendment by its curricular requirement that counseling students follow American Counseling Association's (ACA) Code of Ethics; and

(5) student failed to show substantial likelihood of success on the merits that school retaliated against her for exercising free speech under the First Amendment.

Motion denied.

Now the case has been thrown out of court entirely:

http://chronicle.com/article/Court-Upholds-Georgia/132637/

But earlier this year, the Sixth Circuit reinstated a similar case out of Michigan:

United States Court of Appeals,Sixth Circuit.

Julea WARD, Plaintiff–Appellant/Cross–Appellee,
v.
Vernon POLITE; Irene Ametrano; Perry Francis; Gary Marx; Paula Stanifer; Yvonne Callaway; Suzanne Dugger, Defendants–Appellees/Cross–Appellants,
Roy Wilbanks; Floyd Clack; Gary D. Hawks; Philip Incarnati; Mohamed Okdie; Francine Parker; Thomas W. Sidlik; James Stapleton; Susan Martin, Defendants.

Nos. 10–2100, 10–2145.Argued: Oct. 4, 2011.
Decided and Filed: Jan. 27, 2012.
Rehearing and Rehearing En Banc Denied April 19, 2012.

Background: Former student brought § 1983 action against members of formal review committee, professors, and state university's president and members of its board of regents, alleging that defendants violated her free speech and free exercise rights under First and Fourteenth Amendments when she was expelled from graduate-level counseling degree program due to her refusal to counsel homosexual student during counseling practicum. The United States District Court for the Eastern District of Michigan, George C. Steeh, J., 2010 WL 3026428, granted defendants' motion for summary judgment and denied student's cross-motion for summary judgment. Student appealed.

Holding: The Court of Appeals, Sutton, Circuit Judge, held that fact issues precluded summary judgment on student's free–speech and free-exercise claims.

Reversed and remanded.