A panel of judges at the 9th U.S. Circuit Court of Appeals has heard arguments from the state of Washington, where officials want to force a church organization to hire and employ workers who refuse to follow its faith standards.
The case involves Union Gospel Mission of Yakima, which sued the state for a “Washington Law Against Discrimination” that it explains violates its constitutionally protected religious rights.
The state’s intent is to prevent ministries from hiring only people who share their faith, for nonministerial positions.
The issue brought up a question from U.S. Circuit Judge Daniel Bress, who wondered, “What is a church supposed to do? If somebody applies and says, ‘I just strongly disagree with the church’s religious beliefs,’ would we say they have, nonetheless, a state law right, to be able to be considered irrespective of that?”
He explained, “That would seem to be a major intrusion on the church.”
There’s an injunction against the state enforcing its discriminatory demands against the church at this point, and church lawyers urged the appeals court to leave that in place.
The organization runs a homeless shelter, recovery program and thrift store and provides meal services to those in need, according to a report from Courthouse News.
It believes it should be allowed the freedom to hire those who follow its faith values, “such as abstaining from ‘sexual immorality, including adultery, non-married cohabitation, and homosexual conduct,’” the report said.
An ADF lawyer, for the church, said, “The First Amendment does not allow the government to force a religious organization to hire someone who rejects its faith.”
He added, “That’s why the protection here is incredibly important, and the recognition that church autonomy can still protect a hiring decision that is what pretty much all religious organizations do, which is to ask those who work for them to share and live out their beliefs.”
The state has claimed it will not enforce its law against the church, but the judges were skeptical of the value of that promise.
The state, through deputy solicitor Cynthia Alexander, blasted the church: “They want to be able to discriminate in hiring for any position, whether ministerial or nonministerial,” she said.
She claimed, “For all practical purposes, it would immunize religious organizations from having to comply with any state or federal law that contains a small business exception, or really any categorical exception, including those like the one at issue here that applies it identically to religious and secular organizations.”
The state previously had an exemption from its discrimination laws for religious nonprofits, but targeted them by removing it.
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Author: Bob Unruh
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