Appeals court ruling secures religious freedom protections for faith-based orgs

Religious organizations can hire every employee based on faith and moral lifestyle, per First Amendment freedoms, an appeals court unanimously ruled Tuesday – marking a new religious freedom victory for faith-based organizations.

“Religious organizations shouldn’t be punished for exercising their constitutionally protected freedom to hire employees who are aligned with and live out their shared religious beliefs,” Senior Counsel Jeremiah Galus said in a statement from Alliance Defending Freedom, which argued the case.  

The Yakima Union Gospel Mission, a Christian homeless shelter in the state of Washington, opposed a state law that threatened organizations with serious penalties for hiring based on religion and conviction. 

The organization employs only those who profess and practice Christian beliefs, including biblical expectations for marriage and sexuality, according to the press release. 

The U.S. Court of Appeals for the Ninth Circuit, based in San Francisco, says that’s perfectly legal. 

“The 9th Circuit correctly ruled that the First Amendment protects the mission’s freedom to hire fellow believers who share that calling,” Galus said.  

The central question in the case was whether organizations can hire based on these religious beliefs and practices for positions outside of those clearly identified as “ministers.” The court said yes, ruling the staff directly affects an organization’s mission and function. 

“Because who a religious organization hires may go to the very character of its religious mission, the church autonomy doctrine protects the decision to hire co-religionists for nonministerial roles if that decision is based on the organization’s sincerely held religious beliefs,” the court opinion reads.  

Galus told Catholic News Agency the ruling includes the entire Ninth Circuit, encompassing nine western states and two U.S. territories in the Pacific Ocean. 

The decision marks the “first federal appellate court ruling of its kind,” ADF President, CEO and Chief Counsel Kristen Waggoner said in a post on X.  “It’s a huge win for religious freedom – and for common sense. After all, as the court pointed out in today’s ruling, ‘personnel is policy.’”