- Feb 5, 2002
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In a unanimous decision Tuesday, a 9th U.S. Circuit Court of Appeals panel ruled that a Washington state homeless ministry has a constitutional right to employ only like-minded individuals.
Circuit Judge Patrick Bumatay wrote the opinionfor the three-judge panel, which included appointees of President Donald Trump and former President Bill Clinton. Bumatay concluded that the church autonomy doctrine protects Yakima Union Gospel Mission’s ability to hire co-religionists for non-ministerial roles if the organization says its sincerely held religious beliefs require it.
“If state law were to prevent religious institutions from employing only co-religionists, those institutions could be forced to hire employees who openly flout and disagree with their religious principles,” wrote Bumatay. “This, the First Amendment doesn’t tolerate.”
Concerned that Washington state officials would enforce an anti-discrimination law against it, Union Gospel sued the Washington attorney general and Washington State Human Rights Commission in March 2023. But the litigation proved to be a wild ride.
A federal district court dismissed the case for lack of standing in September 2023, but an appeals court panel reinstated it in June 2024. The district court then sided with the mission in November 2024, blocking the state from applying the law against the mission. The state appealed.
Union Gospel serves everyone with its homeless shelter, religious programs for addiction recovery, health clinics, and meal services, Bumatay wrote in his opinion. But it expects all of its employees to agree with and live according to the mission’s Christian beliefs and practices, including on marriage and sexuality.
Continued below.
Circuit Judge Patrick Bumatay wrote the opinionfor the three-judge panel, which included appointees of President Donald Trump and former President Bill Clinton. Bumatay concluded that the church autonomy doctrine protects Yakima Union Gospel Mission’s ability to hire co-religionists for non-ministerial roles if the organization says its sincerely held religious beliefs require it.
“If state law were to prevent religious institutions from employing only co-religionists, those institutions could be forced to hire employees who openly flout and disagree with their religious principles,” wrote Bumatay. “This, the First Amendment doesn’t tolerate.”
Concerned that Washington state officials would enforce an anti-discrimination law against it, Union Gospel sued the Washington attorney general and Washington State Human Rights Commission in March 2023. But the litigation proved to be a wild ride.
A federal district court dismissed the case for lack of standing in September 2023, but an appeals court panel reinstated it in June 2024. The district court then sided with the mission in November 2024, blocking the state from applying the law against the mission. The state appealed.
Union Gospel serves everyone with its homeless shelter, religious programs for addiction recovery, health clinics, and meal services, Bumatay wrote in his opinion. But it expects all of its employees to agree with and live according to the mission’s Christian beliefs and practices, including on marriage and sexuality.
Continued below.
