The 9th U.S. Circuit Court of Appeals on Monday handed down a decision allowing the Yakima Union Gospel Mission (YUGM) to continue its case against Washington state officials. 

The mission, a nonprofit organization founded in 1936, had petitioned the court in July to let its case stand so it could continue hiring employees who agree with its beliefs.  

The Washington Supreme Court in 2021 issued a ruling that prohibits religious organizations from hiring only individuals who share their religious beliefs. Shortly thereafter, the state began enforcing the WLAD against religious organizations, so YUGM filed a lawsuit in federal district court seeking a “preenforcement challenge” that would allow advance protection. The district court dismissed the mission’s suit last November, and that led to the July appeal. 

Before 2021, the Washington Law Against Discrimination exempted religious nonprofits like Yakima Union Gospel Mission, said Alliance Defending Freedom, which is representing YUGM, and that allowed such organizations to hire likeminded employees. And since Yakima Union Gospel Mission has a stated purpose of sharing the Gospel with everyone it serves, ADF says, it needs to be free to hire people who believe and adhere to the Bible themselves.

The 2021 ruling said that religious employer exemptions would only apply to “ministerial employees,” thereby determining that for all other positions, religious nonprofits would be forced to hire people who might disagree with, and don’t live out, their religious beliefs—in this case, Biblical teaching about marriage and sexuality.

“This undermines the mission’s ministry work, chills its religious message, threatens its existence, and violates its First Amendment freedoms to have religious autonomy, to freely exercise religion, and to associate with likeminded people of faith,” ADF said in July article on its website. 

If the mission violates the state law, it faces the possibility of lawsuits both from individuals and state officials, as well as other forms of punishment.

Monday’s decision by the 9th Circuit Court allows YUGM to continue pursuing its constitutional rights. 

“The Constitution gives religious organizations the freedom to hire employees who are aligned with and live out their religious beliefs,” said Ryan Tucker, ADF senior counsel. “Yakima Union Gospel Mission exists to spread the Gospel of Jesus Christ through its homeless shelter, addiction-recovery programs, outreach efforts, meal services, and health clinics.” 

He continued: “But it faces substantial penalties under Washington state law for simply engaging in its freedom to hire fellow believers who share the mission’s calling to spread the Gospel and care for vulnerable people in the Yakima community. The 9th Circuit rightly overturned the lower court’s dismissal, permitting the ministry to pursue protection for its constitutional rights in federal court.” 

During its last fiscal year, the mission provided shelter for nearly 1,000 people, distributed more than 130,000 meals, and reached over 500 homeless people, according to ADF. 

Photograph Courtesy of Alliance Defending Freedom