Washington Church Defends Hiring Freedom as Ninth Circuit Weighs Religious Exemption Case


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by Worthy News Washington D.C. Bureau Staff

(Worthy News) – A three-judge panel from the Ninth Circuit Court of Appeals heard arguments Tuesday in a case testing the limits of religious freedom and anti-discrimination laws, as the state of Washington seeks to overturn an injunction shielding a church-run nonprofit from enforcement of hiring restrictions under state law.

At the heart of the legal battle is the Union Gospel Mission of Yakima, a Christian ministry that provides food, shelter, addiction recovery, and job services to the needy. The organization argues that Washington’s anti-discrimination statute infringes on its First Amendment rights by forcing it to hire individuals who may reject its faith and moral standards — even in non-ministerial roles.

“They want to be able to discriminate in hiring for any position, whether ministerial or non-ministerial,” argued Cynthia Alexander, deputy solicitor general for Washington’s Attorney General’s Office.

The state wants the Ninth Circuit to vacate the preliminary injunction issued by U.S. District Judge Mary Dimke, which currently bars enforcement of the anti-discrimination law against the Yakima mission. Alexander contended the injunction misapplies religious liberty protections, warning it could create a sweeping loophole exempting religious groups from nearly all regulations, including those governing secular small businesses.

The Union Gospel Mission’s attorney, Jeremiah Galus of Alliance Defending Freedom, countered that the First Amendment’s church autonomy doctrine grants religious organizations the right to hire individuals who share and live out their beliefs. He emphasized that the state’s broad application of its law threatens the very identity and mission of religious ministries.

“The First Amendment does not allow the government to force a religious organization to hire someone who rejects its faith,” Galus told the panel. While acknowledging the case concerns non-ministerial roles, Galus argued that shared faith remains a core employment requirement for faith-based nonprofits.

The case stems from a broader legal conflict surrounding the Washington Law Against Discrimination. In a landmark 2021 case, Woods v. Seattle’s Union Gospel Mission, the Washington Supreme Court struck down a longstanding exemption for religious nonprofits, prompting legal backlash and renewed debate over religious liberty in hiring.

The Ninth Circuit previously revived the Yakima mission’s lawsuit after a lower court dismissed it for lack of standing. On remand, Judge Dimke allowed the suit to proceed and issued the contested injunction, prompting the state to return to the appellate court.

Judges on the panel expressed skepticism about the state’s assurance that it does not plan to enforce the law against the mission’s current hiring practices. Judge Patrick Bumatay called the pledge “an implied threat,” suggesting future enforcement remains on the table.

Judge Daniel Bress questioned whether the church autonomy doctrine should shield the mission’s hiring decisions altogether. “What is a church supposed to do? If somebody applies and says, ‘I strongly disagree with the church’s religious beliefs,’ do they still have a legal right to be hired?” Bress asked. “That would seem to be a major intrusion on the church.”

Galus argued that the government cannot second-guess a religious organization’s judgment about who shares its faith and values. “Once it’s done that, then I don’t see how the government could come in and second-guess it,” he said.

The Yakima mission clarified that it seeks only a partial exemption — the freedom to ask applicants about their beliefs and require alignment with its moral code, while complying with other provisions of the anti-discrimination law. Galus also noted that the law already includes exemptions for small businesses with eight or fewer employees, undercutting the state’s claim of a compelling interest in universal enforcement.

The Ninth Circuit panel did not announce when a ruling would be issued. The case is seen as a potential bellwether for religious liberty litigation nationwide, particularly as cultural and legal clashes intensify over the boundaries between faith-based convictions and civil rights laws.

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