NEWPORT -- Donald Mendell is asking the state Office of Licensing and Registration to toss out a complaint filed against him that seeks to revoke his license as a social worker because of statements he made in a TV commercial against same-sex marriage.

The complaint was filed Oct. 19 by Ann Sullivan, a social worker at Newport Elementary School. She argues that Mendell, a Nokomis High School guidance counselor, "does not have the right as a licensed social worker to make public comments that can endanger or promote discrimination."

Public disclosure of the complaint came just a week before the Nov. 3 election, in which voters approved -- with 53 percent of the vote -- a repeal of a same-sex marriage law enacted by the Legislature.

In a written response sent Friday to the licensing office, Mendell calls Sullivan's complaint "frivolous" and "nothing more than an attack by someone who disagrees with the viewpoint I advocated publicly in a statewide political campaign." He asks the board to summarily dismiss the complaint because its allegations are "baseless."

"I cannot be in violation of the ethical standards for social workers when I advocate in favor of the very public policy the state of Maine has on marriage, and has had since its first days in the Union," Mendell writes. "This board should have no part of this politically-motivated effort to misuse the Code of Ethics to demonize a fellow social worker holding a different view."

Mendell, of Palmyra, appeared in a commercial in support of Question 1, the repeal of the same-sex marriage law, after Nokomis High literacy coach Sherri Gould first appeared in a commercial, as the 2005 Teacher of the Year, in opposition to the repeal effort.

In the TV commercial, Mendell refers to Gould as a "gay activist already pushing this type of agenda." He asked viewers to vote yes on Question 1 "to prevent homosexual marriage from being pushed on Maine students."

Sullivan's complaint says that Mendell is "entitled to his own personal opinion," but he doesn't have the right to make such comments as a licensed social worker. The complaint cites a code of ethics set by the National Association of Social Workers, focusing on sections that say social workers should "treat colleagues with respect and ... should avoid unwarranted negative criticism of colleagues in communications," and they "should not practice, condone, facilitate, or collaborate with any form of discrimination" on the basis of several factors, including "sexual orientation."

The complaint goes on to quote negative reactions from unnamed students.

Mendell is being represented by lawyers from The Alliance Defense Fund, which specializes in "legal defense and advocacy of religious freedom" and was launched in 1994 by leaders including Dr. James Dobson, according to its Web site.

In his written response to the complaint, Mendell says he was exercising his free-speech rights under the First Amendment of the U.S. Constitution. He asks the board to reject Sullivan's complaint on the basis that she is asking the licensing board "to act as a political censor and wield the ethical principals of the social work profession as a weapon to punish people holding viewpoints on public issues with which she disagrees."

Sullivan bases her allegations of ethical violations on speculation, Mendell writes, using "hearsay and unverified conjecture" to suggest that his views "somehow limit my ability to help those I serve at the public school." Mendell says his long career as a social worker is evidence of his "commitment to give effective help to those in need."

Mendell says he has never had a complaint filed against him.

In effect, Mendell says, the complaint is arguing that, in order to be a licensed social worker in Maine, a person must "surrender" free-speech rights "to speak in favor of traditional marriage." Mendell also notes the commercial Gould appeared in and concludes that Sullivan "is urging this board to skew the ethical standards in favor of one side of this political debate."

In his defense, Mendell cites Supreme Court decisions upholding First Amendment rights.

He also examines the sections of the National Association of Social Workers Code of Ethics that Sullivan claims he violated, saying that the complaint "fails to demonstrate any factual basis I disrespected fellow professionals or misstated their qualifications."

In addition, he rejects the allegation that his actions were discriminatory, because "the complaint assumes that traditional marriage laws are inherently discriminatory," which is a conclusion "that has been rejected by many state and federal courts ... as well as the voters in 31 states."

And now also rejected, he notes, in Maine.

Scott Monroe -- 861-9253

smonroe@centralmaine.com