Ninth Circuit hears Washington's challenge to religious hiring exemption
An en banc Ninth Circuit panel reviewed Washington state's effort to enforce its anti-discrimination law after a Yakima church claimed the rule violated its First Amendment rights.
The Union Gospel Mission of Yakima filed a lawsuit against Washington Attorney General Bob Ferguson and other officials, asserting that the state's anti-discrimination law infringed its First Amendment rights by forcing it to consider non-believers for an IT technician and an operations assistant. After an initial dismissal, the Ninth Circuit revived the case and sent it back, where a lower court blocked enforcement. Washington then sought an en banc rehearing, prompting an 11-judge panel to examine whether the ministerial exemption should cover even minimal religious duties.
The state warned that the church's desired rule would permit unrestricted hiring discrimination, while judges questioned the church's standing and the distinction between ministerial and non-ministerial positions. Arguments highlighted the tension between religious autonomy and the state's broader anti-discrimination policy, which currently allows no exemption beyond the ministerial exception for employers with more than eight staff. The panel did not set a ruling date.
Why it matters
The case could reshape how U.S. courts balance religious freedom with anti-discrimination protections for employers.
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