HELENA – Montana Attorney General Austin Knudsen today led a coalition of 20 attorneys general in defending a religious organization’s broad authority to make employment decisions based on religious beliefs to accomplish the organization’s mission and goals.
In the case of Union Gospel Mission of Yakima Washington v. Robert Ferguson, the attorney general of Washington, Attorney General Knudsen argues that Union Gospel Mission, a nonprofit religious organization, should be allowed broad decision-making authority over who they employ to ensure all employees share their religious beliefs and will not undermine the organization’s religious mission. However, the Washington Supreme Court and Attorney General Ferguson have wrongly interpreted that the Washington Law Against Discrimination’s (WLAD) religious exemption should apply and parallel the narrow ministerial exception which would only give the Mission authority to hire and fire employees with a direct role in sharing or teaching the organization’s beliefs based on religious beliefs.
In the amicus brief filed Monday, Attorney General Knudsen is asking the Ninth Circuit Court of Appeals to affirm the district court’s actions, which correctly granted a preliminary injunction against WLAD’s application to the Mission, finding that the Mission was likely to succeed on the merits of its free exercise claim that the government has burdened their religious beliefs.
“To ensure they are able to accomplish their goals and execute their mission, it is imperative that Union Gospel Mission, and other religious organizations, have the authority to hire individuals who agree with their religious beliefs, and not just employees with outward facing ministerial roles,” Attorney General Knudsen said.
The church autonomy doctrine, which enables religious organizations to govern themselves and make employment decisions without interference from the state, protects the Mission’s hiring decisions. Courts have decided that not only does the church autonomy doctrine apply to churches and religious schools, but also organizations whose “purpose and character are primarily religious,” which includes organizations like the Mission.
Additionally, while one component of the church autonomy doctrine is the ministerial exception which bars claims brought by employees who perform important religious duties, it extends beyond the ministerial exception to include “matters of internal government,” including religious decisions about employment qualifications. In multiple instances, courts have applied the church autonomy doctrine to bar employment claims against doctrinally grounded employment decisions when the employee wasn’t a minister.
“The Mission’s hiring policy is a quintessential matter of church government. Allowing Washington’s antidiscrimination law to regulate those decisions ‘would impermissibly inject … [the] government into [decisions on] religious doctrine and governance,’” Attorney General Knudsen wrote.
Attorneys general from Alabama, Arkansas, Florida, Idaho, Iowa, Kansas, Louisiana, Mississippi, Missouri, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and West Virginia joined Attorney General Knudsen in filing the brief.
Click here to read the brief.
