Court Sides With Christian Mission in Dispute Over Hiring According to Religious Beliefs

A federal appeals court Tuesday allowed the Union Gospel Mission of Yakima, Washington, to proceed with its challenge to state restrictions on hiring according to religious belief.

The U.S. Court of Appeals for the Ninth Circuit unanimously affirmed that the religious charity can press its First Amendment claims against state officials after a lower court’s dismissal last year, clearing the way for the ministry to continue its constitutional challenge in federal court.

“Religious organizations shouldn’t be punished for exercising their constitutionally protected freedom to hire employees who are aligned with and live out their shared religious beliefs,” said Alliance Defending Freedom (ADF) senior counsel Jeremiah Galus, who argued before the federal panel.

He added, “Yakima Union Gospel Mission exists to spread the gospel of Jesus Christ through its homeless shelter, addiction-recovery programs, outreach efforts, meal services, and health clinics. The 9th Circuit correctly ruled that the First Amendment protects the mission’s freedom to hire fellow believers who share that calling.”

A spokesman for Washington state attorney general Nick Brown told The Epoch Times via email, “We are still reviewing the ruling” and offered no comment on the decision.

The case hinges on the intersection of religious freedom and employment discrimination law under the Washington Law Against Discrimination, a statute that prohibits employers from refusing to hire applicants based on sexual orientation, among other protected characteristics.

The Yakima mission, a Christian nonprofit that operates a homeless shelter, recovery programs, meal services, and health clinics, sued state officials in 2023 after the Washington Supreme Court narrowed a longstanding exemption for religious nonprofits in the anti-discrimination law. Under that interpretation, the exemption was limited to “ministerial” positions, meaning that a broader range of jobs could no longer be filled exclusively by individuals who adhere to the organization’s religious beliefs.

The mission contends that its religious identity requires it to hire only employees who share and live out its Christian convictions, including beliefs about marriage and sexuality.

In court filings, the mission said it expects employees to “abstain from sexual immorality, including adultery, non-married cohabitation, and homosexual conduct.”

The appeal challenged a 2024 federal district court ruling that had dismissed the lawsuit for lack of standing and for what the judge described as an attempt to obtain appellate review of the state court decision. Tuesday’s Ninth Circuit panel’s ruling allows the mission’s constitutional challenge to move forward.

In filings and at oral arguments before the Ninth Circuit, the mission’s lawyers, with assistance from the Alliance Defending Freedom, argued that the First Amendment’s Free Exercise and church autonomy doctrines protect the right of religious organizations to choose employees who are committed to their faith and mission.

The mission’s lawsuit targets the enforcement of the discrimination statute as interpreted by the state’s highest court nearly five years ago. Before the 2021 decision, the law exempted all religious nonprofit organizations from its provisions. The Washington high court’s narrowing of that exemption to non-ministerial positions sparked concerns among religious groups that they would be forced to hire staff whose beliefs conflict with their teachings.

The Yakima charity said in 2023 it had suspended hiring for fear of “hostile applications” from people openly expressing disagreement with its religious tenets, and that rejection of such job seekers could trigger discrimination complaints.

State officials, represented by Washington’s attorney general, argued that the anti-discrimination law is neutral and generally applicable, and that the mission lacked a concrete threat of enforcement because the state had said it did not plan to pursue action against the ministry.

But the Ninth Circuit panel found those assurances insufficient to deprive the mission of standing to pursue its constitutional claims, clearing procedural hurdles that had blocked the lawsuit in the lower court.

Legal analysts say the case could have wide-ranging consequences for the ability of religious organizations to apply their religious criteria in hiring, particularly when state or local nondiscrimination laws intersect with deeply held religious commitments.

ADF and allied legal groups have filed similar challenges on behalf of other ministries and institutions, arguing that the First Amendment forbids government from penalizing religious organizations for making employment decisions consistent with their faith.

The Union Gospel Mission of Yakima is a longstanding fixture in central Washington, providing shelter, food, and recovery services to thousands of people each year. In 2022, the mission reported distributing more than 130,000 meals and providing thousands of nights of shelter to men, women, and children in need.

The Ninth Circuit’s decision allows the mission to continue its challenge to the state’s interpretation of Washington’s nondiscrimination law, bringing the case one step closer to a substantive ruling on whether the mission’s First Amendment rights have been violated.