Prepare Early
We strongly encourage SPAs to do preliminary work on the conscience clause issue before legislation is introduced. Undertake coalition building and discuss strategies with partners before a bill has been introduced. Once a bill is introduced, it is much more difficult to change. A good coalition can help watch for bills or language in bills that create concern (important key words include “conscience,” “religious beliefs” and “moral conviction”).
Gather Expertise
Responding to conscience clause legislation is likely to involve a broad range of psychologists who are not typically involved in advocacy or working together. It brings together academics and training programs with practitioners and public sector psychologists. State psychological association leadership is critical because of the advocacy experience the professional association brings to the table. If the SPA has a director of professional affairs (DPA), this person can be fundamental in coordinating efforts, as will be the SPA executive director and lobbyist.
Find Allies
In addition to psychologists, a broad range of professional and consumer groups have an interest in this issue. The membership and structure of the coalition will differ in each state, but generally might include licensed psychologists, undergraduate and graduate psychology faculty and students, supervisors in sites affiliated with training programs, university lobbyists, social workers, counselors, psychiatrists, the human rights commissions, local affiliates of the American Civil Liberties Union (ACLU), LGBT equality and transgender-specific advocacy organizations, Mental Health America chapters, National Alliance on Mental Illness chapters, Councils of Behavioral Health Providers, regulatory boards and others. Working collaboratively with a broad base of stakeholders is essential in devising effective advocacy and legislative strategies.
Identify and approach legislators who may be supportive to enlist their support and guidance. Be prepared to demonstrate how their assistance will translate into tangible results they value, such as public protection, commitment to social justice and/or support for some other part of their legislative agenda. Do not forget to specifically identify and communicate with:
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Legislators who are members of key legislative committees and the senior staff members who support those committees.
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Leadership and members of relevant legislative caucuses.
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Print and electronic media journalists who routinely cover the statehouse beat.
Consider in advance the potential “wedge issues” that might divide your coalition and work with stakeholders on position statements and legislative strategies that will gather and sustain support. For example, the coalition will need to decide how to respond if only one or two mental health professions are cited in a specific bill. (Recently a bill was introduced and passed in Tennessee that just applies to providers governed by the Ethics Code of the American Counseling Association; this same bill has been introduced in Arkansas.) In another instance, some legislators or stakeholders may be inclined to concede to individual practitioners the ability to refuse providing care that they find in conflict with their “deeply held convictions,” if those practitioners will have an obligation to make referrals to other practitioners to provide that care. It is best to discern possible wedge issues early and attempt to come to a consensus rather than have the coalition falter once a legislative strategy is initiated.
Do Your Research
Stakeholders should be briefed on the relevant law and court cases. Persons who will be directly communicating with legislators, media or others should be prepared with communication strategies that include:
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Briefing documents that summarize other state bills, laws and court cases.
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A so-called “elevator speech” that summarizes key points.
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Short, well-crafted responses to reasonably foreseeable arguments or statements made by persons advocating passage of restrictive conscience clause legislation.
Plan Communications
Create a “rapid response” communication system among coalition partners to allow for time-sensitive communications. Identify readily available and articulate point persons for responding to media inquiries or communications from legislators, aides or others.
Respect Religious Freedom
Conscience clause legislation, whether it relates to practice or training, presents unique issues and opportunities. Religious freedom considerations grounded in the First Amendment are one of the key components that make this issue unique. Remember that most legislators, staff members and consumers of media news are not going to be familiar with the issues; the religious freedom aspects may resonate with many of them.
Respond to the importance of religious freedom while staying focused on the need for broad-based access to quality care, protecting the public, and — in the case of training bills — developing competent professionals to serve a diverse clientele. Focus on being pro-competence, not anti-religious.
Be Mindful of Politics
Assess the current political climate in your state and develop talking points that are likely to be responsive to your state’s circumstances. Carefully consider how statements will be heard and received. What you mean may not be what others hear. Words matter, particularly in discussions that involve fundamental values such as religious freedom. APA has a policy on religious discrimination that may be helpful in this regard: Resolution on Religious, Religion-Based and/or Religion-Derived Prejudiceopens in new window (PDF, 52KB).
Learn from Experience
Contact state psychological associations and leaders in the practitioner and education communities from states that have previously dealt with conscience clause legislation. Also contact APA for help. Their experience can provide information about what pitfalls to avoid.
As of June 2016, the following states have faced conscience clause legislation that directly mentions psychology: Arizona, Michigan, Tennessee and Nebraska.
Get Perspectives
Once you develop your talking points, a meeting with the sponsor(s) of the proposed legislation could be helpful. Find out his/her motivation, openness to dialogue about options, and which organizations and individuals are backing this legislation. Suggest constructive alternatives.
Urge the sponsor(s) to convene a stakeholders/interested parties meeting to discuss the bill and alternatives. Try to redirect the conversation to consideration of how to protect the public and assure access to quality care while also developing professional competence during training. Be conciliatory and collaborative rather than oppositional.
Individual and group meetings with opponents are also a good idea. They can help establish a tone for ongoing dialogue to resolve key issues. Set a “let’s work together to address this” tone.
