‘JIM VERTUNO ‘The Associated Press ‘AUSTIN — In a case that could have First Amend ment implications, the Texas Supreme Court on Tuesday waded into a battle involving a Fort Worth pastor's deci sion to tell his church about a relationship a member had outside of her dissolving mar riage. Lawyers for the pastor say he acted within church doc trine and the court should not get involved. The woman says she considered the pastor a secular counselor and sued for negligence. ‘Theologians are watching to see if a ruling could make it easier for church members to sue a pastor with a profes sional counseling license who talked to them as a religious leader. “This is the true-blue church-state separation issue,” said Kelly Shackelford, at torney for the Rev. C.L. “Buddy” Westbrook, pastor of CrossLand Community Bible Church. Shackelford is also chief legal counsel for the Plano based Liberty Legal Institute, a nonprofit organization that defends religious freedoms and First Amendment rights. Southwestern Baptist Theological Seminary in Fort Worth, the Dallas Theological Seminary and the National Association of Evangelicals all filed court briefs to support the pastor. Peggy Penley and her hus band went to Westbrook for counseling, and he involved them in group sessions with other church members. In 2000, she told Westbrook that she was divorcing her hus band, and Westbrook recom mended an attorney. She also resigned her church membership — she was a co-founder of the church — because its bylaws set forth procedures allowing the congregation to discipline her and others for inappropri ate behavior. However, Westbrook met with church elders and later distributed a letter about Penley’s decision to get a divorce. The letter said she was involved with another man, although it didn't specify the nature of their relationship. The letter urged church members to shun Penley as part of a “tough love” ap proach for her to see her errors. Penley and her husband di vorced in 2001, and she mar ried the other man. She then sued, challenging Westbrook’s actions as a counselor under the Texas Licensed Profes sional Counselor Act. A trial judge tossed out Penley’s case after the pastor's attorneys argued she was dis ciplined within church rules. An appeals court disagreed and said Penley had a right to sue. That decision was ap pealed to the state Supreme Court, which must decide whether Penley’s case should proceed.