The U.S. Court of Appeals for the Ninth Circuit will hear a case regarding whether a religious ministry can restrict its hiring to individuals who share its beliefs. This case involves the Yakima Union Gospel Mission, which is challenging a Washington law that limits such hiring practices, claiming it violates their First Amendment rights to religious freedom. A previous ruling by a three-judge panel favored the ministry, but the full bench's decision to review the case vacates that ruling.
The lawsuit pertains to the Washington Law Against Discrimination, which prohibits employment discrimination based on various factors, including sexual orientation. The Yakima Union Gospel Mission argues that the law unconstitutionally restricts their ability to hire employees who align with their religious beliefs, even for non-ministerial roles.
U.S. Circuit Judge Patrick Bumatay, who was part of the previous ruling, expressed concern that preventing religious institutions from hiring co-religionists could force them to employ individuals who contradict their religious principles. He emphasized that such hiring decisions are integral to the character of a religious organization's mission and should be protected under the church autonomy doctrine.
The Ninth Circuit's decision to rehear the case indicates a potential disagreement within the court regarding the previous ruling. Bumatay criticized the court's trend of not adequately protecting religious freedom rights and cited past cases where the court ruled against religious institutions in similar contexts.
The outcome of this case could have significant implications for religious liberty and may eventually be reviewed by the Supreme Court, which has addressed similar issues in recent terms.