FORT WORTH, Texas—Peggy Penley is suing her pastor, the Rev. C.L. "Buddy" Westbrook, for divulging the details of her allegedly confidential marriage counseling sessions to church elders.

According to the Fort Worth Star-Telegram, Penley's involvement with another man prompted Westbrook to meet with church elders. He distributed a letter about Penley's intention to get divorced.

"We must break intentional/casual fellowship with her until the time of repentance and restoration," the letter stated.

Penley divorced her husband in 2001 and eventually married the other man. Eight months after her second marriage, she filed a lawsuit accusing the minister, the church and the elders of defamation, intentional infliction of emotional distress, invasion of privacy and negligence.

Darrell Keith, Penley's attorney, said the minister, "took the information he got as her secular counselor and then used it as her pastor."

Attorneys and religious leaders say Penley's lawsuit may have broad First Amendment implications. Because of Westbrook's double position as counselor and pastor, the 2nd Court of Appeals in Fort Worth ruled that Penley can sue Westbrook for negligence.

Westbrook's attorney, Wade Birdwell, said the ruling illustrates the ethical line counseling ministers are often forced to walk.

"The key issue here is if pastoral counseling is protected by the First Amendment, when the counselor in effect wears two hats," Birdwell said. The ruling, he said, could "allow a jury to approve of pastoral conduct."

Birdwell also claims that Westbrook's actions in alerting the elders about the divorce were "inherently ecclesiastical in nature" and fell under church discipline.

Westbrook's attorneys also argued that his religious beliefs are "inexorably intertwined" with his counseling and that the Texas statutes on counseling imposed an unconstitutional burden on him in his "pastoral capacity."

State District Judge Don Cosby threw out Penley's case in June 2002. But appeals court Judge Anne Gardner issued a ruling late last month that Westbrook's claim that he deserves First Amendment protection is built on a "faulty foundation."

Penley has since dropped the church and its elders as defendants and is challenging Westbrook's actions as a counselor under the Texas Licensed Professional Counselor Act.

Keith said he is pleased with the new ruling. "It sends a message to religious leaders and pastors who engage in both pastoral and secular counseling services that they are going to be held accountable under the law," he said.

Scott Floyd, associate professor of psychology and counseling at Southwestern Baptist Theological Seminary, said it is crucial for a minister to set the ground rules with a church member before counseling.

"In a society that is increasingly litigious, ministers must be more aware of the issues," Floyd said. "It is wise for the minister to clarify what their relationship is."