Most legal experts, court watchers, and even casual observers would not likely characterize the U.S. Court of Appeals for the 9th Circuit as a bastion of conservative jurisprudence. But, in a recent decision, a panel of that court unanimously rejected the state of Washington’s attempt to force a religious ministry to hire employees whose beliefs contradict those of the ministry.
The right of religious organizations to hire only employees who are aligned with and live out their religious beliefs is a foundational tenet of our Constitution’s protection of religious liberty. The free exercise of religion by individuals, churches, and other faith-based ministries is essential to our founders’ vision of ordered liberty and the bedrock upon which our free civil society rests.
Yakima Union Gospel Mission has served its community for nearly a century. The mission has provided shelter for thousands of people, distributed hundreds of thousands of meals, and assisted countless homeless individuals through its outreach services. This service embodies the vision of America’s founders regarding the role of religion in our nation. When people of faith are free to live it out in their communities, everyone benefits — the homeless are sheltered, the hungry are fed, and the suffering are cared for by their neighbors, who view them as fellow image bearers of God.
Alliance Defending Freedom represented the mission in a lawsuit against Washington state officials who enforce the Washington Law Against Discrimination, which requires the mission to hire individuals who do not agree with or live out its religious beliefs. The state Supreme Court gutted the WLAD’s religious employer exemption, thereby affecting all religious organizations in Washington state, including Yakima Union Gospel Mission.
The mission exists because of its Christian calling; it strives to serve the community with the love of Christ, to share the Gospel with everyone it encounters, and to be a haven of like-minded believers where discipleship and fellowship can flourish. The mission believes in the dignity of all people and wants to provide opportunities for the underserved homeless and needy population in Yakima. One of the many services the organization provides is the New Life Recovery Program. The year-long program helps people find the root cause of their issues and points them to lasting solutions based on a solid biblical foundation.
The mission’s employees are its hands, feet, and mouthpiece, so all must agree with and participate in its Christian calling. The mission needs to be able to hire people who believe and adhere to the Bible, as their role is to serve others with the love of Christ, to spread the Gospel, and to disciple one another.
While the mission wants everyone it interacts with to hear the Gospel of Jesus Christ, Washington state officials were forcing it to hire those who disagree with its religious teaching about marriage and sexuality. But this is a Christian ministry and thus should be free to hire people who share and live out these same Christian beliefs. If the mission cannot ensure all its employees agree with and live out its beliefs, its Christian message and very purpose would be contradicted and undermined.
In a sane world, it should go without saying that religious organizations should be able to hire people who not only agree with the work they do but also share the beliefs that motivate them to do it. But we are dealing with the state of Washington, so it took litigation in federal court to say so.
The First Amendment protects the mission’s right to profess its faith and provide help to the needy. Under a proper reading of the First Amendment, the government does not get to decide who is qualified to share the mission’s Christian message, spread the Gospel, or disciple those whom the mission serves. As the 9th Circuit wrote in its opinion, “If a religious organization’s hiring of co-religionists for non-ministerial positions rests on its sincerely held religious beliefs, then the church autonomy doctrine forbids government interference with that hiring decision.” Amen and amen.
Time will tell if this decision indicates a seismic shift in the 9th Circuit or just a moment of clarity, but where I grew up, there is a colloquialism that says, “Never look a gift horse in the mouth.” As for the state of Washington’s officials seeking to undermine the religious liberty of a ministry dedicated to alleviating suffering, another genteel phrase comes to mind: “Bless their hearts.”
Lathan Watts is vice-president of public affairs for Alliance Defending Freedom and its sister organization ADF Action.
