Liberty Counsel Defends Christian Counselor's Confidentiality Claim
by Allie Martin
December 12, 2003
(AgapePress) - A Florida pastor is fighting to keep private the details of counseling sessions with an individual who has been charged with a crime.Two years ago, Dr. Joseph Nussbaumer, Jr., pastor of Groveland Free Church, began counseling an individual referred to him by a fellow pastor. Some time later, the man Nussbaumer had been counseling was arrested and brought up on charges, and the State Attorney's office subpoenaed the pastor, requiring him to turn over all his counseling records on the individual.
Mat Staver | |
Mat Staver is president of Liberty Counsel, which has taken legal action on Nussbaumer's behalf to try to protect the confidentiality of those counseling sessions. "The relationship between a pastor or clergy and [an individual], whether it's a church member or non-church member, that is engaged in spiritual counseling is a relationship that the state cannot interfere with," Staver says.Staver believes that it is essential for the communications exchanged between clergy and those they counsel during a session to remain confidential. "It would absolutely undermine a pastor's role," the attorney says, "if the state could ultimately come into that situation and determine what was actually said, because, if the person who is confessing their sin or wanting spiritual guidance has to fear that that information would be released at a later time, then it would certainly break down that relationship."
Nussbaumer has been pastor of Groveland Free Church since 1969. While the minister is not licensed with the state as a counselor, he is licensed with the Florida Association of Christian Counselors and Therapists.
