Attorneys for the Yakima Union Gospel Mission argued July 19 at the 9th U.S. Circuit Court of Appeals to let its lawsuit against state officials proceed in order to protect its freedom to hire like-minded people who share its Christian beliefs and mission.

The mission, based in Yakima, Washington, spreads the Good News of Christ through a homeless shelter, addiction-recovery programs, outreach efforts, meal services and health clinics. And although it will serve anyone, regardless of background or belief, it requires its employees to adhere to Biblical beliefs, including abstaining from any sexual conduct outside of a marriage between a man and a woman.  

The Washington Supreme Court issued a ruling in 2021 that prohibits religious organizations from hiring only individuals who share their religious beliefs. The mission, therefore, brought a “pre-enforcement challenge,” seeking protection in advance from being punished by the state for hiring only like-minded individuals. A federal district court dismissed the mission’s suit last November, leading to its appeal at the 9th Circuit.

During the hearing, the attorney for the state argued that the mission cannot challenge the state law unless the state actually seeks to enforce the law against the mission specifically, and he claimed that the state is not planning to go after the mission for its hiring practices. But he would not commit to never doing so. The three-judge panel asked why the state wants to keep the threat of penalties “in its back pocket,” to which the attorney didn’t seem to have a direct answer.

The mission argues that it faces an imminent threat from the state if it fills job openings only with like-minded followers of Christ. It points to the fact that Washington’s attorney general has vowed to enforce the anti-discrimination law, has already launched an investigation against a Christian university for violating it and has claimed that the First Amendment does not protect religious organizations from the law.

“The mission simply aspires to continue the work it believes God has ordained it to do,” the organization stated in its appeal brief. “If it cannot hire employees of the same mind to do that work, it will be reduced to a secular social welfare organization. But the Gospel is what makes the mission different. The mission need not sit and wait in fear for the government to come knocking before safeguarding its religious calling.”

In a statement to Decision following the hearing, Alliance Defending Freedom Legal Counsel Jake Reed said: “The Washington Attorney General and Human Rights Commission want to keep the possibility of going after religious organizations like the Yakima Union Gospel Mission in their back pocket, simply because those organizations operate according to their deeply held religious beliefs. The State’s equivocation speaks volumes and shows the threat the Yakima Union Gospel Mission faces every day. We’re confident that the 9th Circuit will give the Mission its day in court to defend its constitutional rights.”

Above: Mike Johnson, CEO of Yakima Union Gospel Mission.

Photo: Alliance Defending Freedom