Separation of Church and State Issue

1). Although the California peremptory tap in Nally overturned the ruling for clergy malpractice, its "decision was made on very narrow grounds, leaving open the likelihood of upcoming court challenges" (UPK, p. 1). Thus, one significant theological implication is the overall misadventure of interference of the government in church affairs.

On a more micro level, the issue of clergy malpractice, as discussed in Nally, points to the possibility of a uniform standard of carry off that would gain across the board to phantasmal counselors of various religions. In Nally, the token of pleader that the Defendant Church provided "had no professional or clinical advise ministry, and?was essentially religious in nature" (Supreme Court of California, p. 3).

Overturning the decision of the Court of Appeals, the Supreme C

ourt of California had ruled that a duty of care to refer suicidal persons to psychiatrists does not extend to nontherapist counselors who offer counseling to a potentially suicidal person on sacrilegious or spiritual matters (Supreme Court of California, p. 13). In spite of the Supreme Court's ruling, the issue still provides the question as to whether there should be a uniform standard to certain matters that traditionally religious counselors were not held to.

Freedom Magazine. "Courts: Targeting the Faithful." Freedom Magazine. Church of Scientology. Accessed online January 31, 2005 at:

The possibility of a uniform standard has further implications for the relationship of a religious counselor with the person being helped. Religious counseling has the risk of being adulterated with
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