Christian charity's lawsuit over hiring practices can proceed: appeals court
A Christian charity in Washington state can continue its legal battle to maintain its policy of only hiring individuals who share their beliefs, including opposition to same-sex marriage, an appeals court panel has ruled.
A three-judge panel of the United States Court of Appeals for the Ninth Circuit issued a decision on Monday in the case of Union Gospel Mission of Yakima, Washington v. Robert Ferguson, et al.
The circuit panel reversed the lower court decision against Union Gospel Mission and remanded the case back to the district court level to determine if the ministry could receive a preliminary injunction.
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At issue was the Washington Law Against Discrimination, which prohibits discrimination on the basis of sexual orientation, yet also includes an exemption for nonprofit religious employers.
The Mission wanted the courts to block enforcement of the state law, arguing that the exemption only applies to ministerial positions within the organization and not to staff positions that might be considered secular in nature.
“YUGM has sufficiently alleged that the WLAD has forced it to self-censor its conduct and its speech,” stated the panel opinion, in part. “Because we find that YUGM has alleged Article III standing, we reverse the district court’s order granting the State’s motion to dismiss.”
Alliance Defending Freedom Senior Counsel Ryan Tucker, who is helping to represent the charity, said in a statement shared with The Christian Post on Monday that he believes religious groups have “the freedom to hire employees who are aligned with and live out their religious beliefs.”
“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,” stated Tucker.
“But it faces substantial penalties under Washington state law for simply engaging in its freedom to hire fellow believers who share the mission’s calling to spread the Gospel and care for vulnerable people in the Yakima community.”
Tucker added that the panel opinion “rightly overturned the lower court’s dismissal, permitting the ministry to pursue protection for its constitutional rights in federal court.”
In March of last year, Union Gospel Mission filed a lawsuit in the U.S. District Court for the Eastern District of Washington against multiple state officials over its enforcement of WLAD.
The complaint argued that the state law forced the Christian charity to hire people who do not share their beliefs, especially when it comes to the definition of marriage and whether homosexuality is acceptable.
In September of last year, U.S. District Judge Mary Dimke ruled against the charity, concluding, among other things, that the preliminary injunction request was “moot,” and they failed to show that the state law was being strictly enforced against them.
“YUGM cannot demonstrate a sufficient history of past enforcement of the WLAD by [Washington State Attorney General Robert] Ferguson,” wrote Dimke.
“YUGM has failed to demonstrate a credible threat of prosecution by AG Ferguson. YUGM has not met its burden to establish an injury in fact. This is sufficient cause to grant Defendants’ motion.”
