A U.S. federal appeals court has ruled that religious groups have a constitutional right to only hire employees who agree with their religious beliefs. The ruling applies to all employees, not just those who operate as ministers.
A three-judge panel on the U.S. Ninth Circuit Court of Appeals ruled unanimously in the case of Union Gospel Mission of Yakima, Washington, a Christian homeless shelter with about 150 employees.
The case centers on the Washington Law Against Discrimination (“WLAD”), which prohibits employment discrimination based on several protected grounds, including sexual orientation.
The Union Gospel Mission’s purpose is to minister to people, spreading the gospel of Jesus Christ through a homeless shelter and other community service programs. So it serves anyone and everyone regardless of their background or beliefs, but the ministry requires biblical standards for employees, which include “abstaining from any sexual conduct outside of biblical marriage between one man and one woman.”
U.S. District Judge Patrick J. Bumatay, writing for the panel, stated that the First Amendment prohibits government interference in internal decisions tied to a religious institution’s faith and mission, including the hiring of staff who might “undermine,” “contradict,” or “disavow” their beliefs.
“Under the church autonomy doctrine, Union Gospel may decline to hire as non-ministerial employees those who do not share its religious beliefs about marriage and sexuality,” Bumatay wrote. “… Washington cannot override the First Amendment’s church autonomy doctrine.”
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Alliance Defending Freedom attorneys have been representing the Yakima Union Gospel Mission.
ADF Senior Counsel Jeremiah Galus, who argued before the court, said, “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.”
“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.”
RELIGIOUS LIBERTY:
Meanwhile, a similar case is working its way through the U.S. Fourth Circuit Court of Appeals.
Liberty Counsel represents Liberty University in the case of Zinski v. Liberty University after the school terminated IT specialist Jonathan Zinski in 2023, saying he violated its Bible-based employment policy regarding sexuality.
Zinski had informed the university after his probationary period that he intended to “transition” and “identify as female” under the name “Ellenor.” He claims his firing constituted sex discrimination.
But Liberty Counsel argues that Title VII exemptions, from the First Amendment, along with the Religious Freedom Restoration Act, allow religious institutions to make employment decisions based on religious grounds.
Liberty contends that the Ninth Circuit’s ruling undermines Zinski’s claim and may influence how the Fourth Circuit evaluates the dispute.
Liberty Counsel Founder and Chairman Mat Staver praised the Ninth Circuit’s decision, saying, “This decision limits government interference and underscores that the church autonomy doctrine protects hiring decisions beyond just ministers and extends to non-ministerial support roles.”
Staver argues that if a single employee can force a faith-based employer to abandon its beliefs, “then religious freedom has no meaning.”
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