Despite homelessness being something synonymous with many large American cities and metropolitan areas, these areas are not the only places where homelessness continues to grow, in fact, this issue is becoming more ubiquitous throughout the country in small urban centers. One of these urban centers where homelessness continues to grow is Yakima Washington, home to Yakima Union Gospel Mission, a Christian nonprofit that aims to help people recover from homelessness. Founded in 1936, this organization’s main aim is to spread the Gospel of Jesus Christ through its work, while selflessly helping the community. In the 2021-22 year, Yakima Union Gospel Mission provided shelter for over 1,000 homeless individuals, served the homeless more than 130,000 meals, and assisted over 500 homeless people with their outreach missions. More than 85 years after its founding, Yakima Union Gospel Mission continues to operate by serving the homeless through its shelter, addiction recovery programs, meal services, and outreach efforts. Though it’s main efforts are focused on helping the homeless in any way possible, their mission remains clear; to spread the word of Jesus. In order to fulfill its religious calling, YUGM, in accordance with the First Amendment, has historically only hired those who effectively share the gospel which they serve, individuals who identify with and live out the Christian teachings that they evangelize.
Since 1949, Washington State’s Law Against Discrimination (WLAD) contained an exemption for hiring discrimination for religious non-profit organizations, and thus has allowed organizations such as YUGM to hire within these parameters for decades. In March of 2021, a Washington Supreme Court ruling effectively reversed the WLAD’s exemption for religious employers. The court determined that for all positions, religious nonprofits would have to hire people who disagree with, and do not adhere to, their religious beliefs. This led to ADF attorneys filing a lawsuit on behalf of the organization for their right to hire employees who share in its beliefs. After a federal district court dismissed the case, ADF attorneys appealed to the U.S. Court of Appeals for the 9th circuit, to which they participated in oral arguments. Following oral arguments, the 9th Circuit reversed the lower court’s decision and held that the organization can challenge Washington’s law, in addition, the federal district court ruled that it is likely unconstitutional for Washington state officials to enforce the law against the Mission while the lawsuit proceeds. Since the lawsuit, Yakima Union Gospel Mission has had to pause hiring for its IT and operations positions because of the exemption removal. The law has also prohibited the Mission from publishing a religious hiring document specifying that all employees must adhere to the Mission’s Christian beliefs.
In my opinion, religious non-profit organizations should be given exemptions to hire who they please based upon religious convictions of the candidates. Although this is different, for for-profit corporations, as entitled under the U.S. Equal Employment Opportunity laws (EEO), these non-profit organizations exist mainly for religious intentions, with their mission being to spread a particular religious doctrine, a purpose that becomes redundant or obsolete when those preaching or acting in accordance with the organization do not legitimately believe in the cause. According to 2023 Supreme Court Case Groff v. DeJoy, “employers must reasonably accommodate an employee's religious beliefs or practices under Title VII of the Civil Rights Act, unless doing so would result in a "substantial increased cost" to the employer, rather than the previous "de minimis cost" standard.”. This means that, in addition to the U.S. EEO laws, legally, religious discrimination by any organization whether for or non-profit is legally impermissible and thus not allowed.
I would suggest that because purely religious organizations are allowed to exercise this form of discrimination in their hiring process in all 49 states outside of Washington, under their First Amendment rights, and the fact that only the WLAD is stopping this organization from following suit, that they should be allowed to challenge the Washington law and employ religious/doctrinal requirements in their hiring practices. Failure to allow YUGM to employ their hiring requirements actively undermines their mission as a religious organization with the intentions of spreading the gospel, by allowing people who do not have a genuine, invested interest in the mission to subvert or undermine their cause through active participation in the mission. Again, because this is a niche example of a non-profit religious organization rather than a small-scale business or large corporation, an exemption should be given under the Washington State Law by virtue of the mission’s free exercise of their First Amendment Rights.
7 comments:
I agree with Will that religious non-profits like the Yakima Union Gospel Mission should hire individuals who share their beliefs. Their mission is to spread the Gospel and serve others accordingly. Forcing them to hire those who do not align with their faith undermines their purpose. The First Amendment protects religious freedom, including the right to assemble teams with shared convictions. Allowing exemptions for these organizations enables them to operate authentically, as they have for decades, without compromising their core beliefs.
I also agree with Will that the Yakima Union Gospel Mission should be allowed to determine who they hire, specifically concerning their religious views. The Yakima Union Gospel Mission, which is a Christian non-profit organization, seeks to help homeless people while preaching the Gospel of Jesus Christ and is, therefore, religious in its nature. Title VII of the Civil Rights Act protects employees and job applicants from discrimination based on religion. However, I think that it is important to note that in this case, the Yakima Union Gospel Mission does not have the intention of discriminating against individuals who share opposing religious beliefs when hiring people. As a Christian non-profit organization that is devoted to preaching its Gospel through its community service, it merely wants to hire employees who also share their Christian beliefs and can truthfully preach the Gospel. In hiring people who share different religious beliefs or are not religious at all, the whole mission of the organization would be undermined. The Free Exercise Clause allows people to freely exercise their religion, and in this case, by creating a non-profit organization that is rooted in religion doctrine, the Yakima Union Gospel Mission is properly exercising their right. Organizations like these should be given discretion in who they hire so that they can properly practice their religion. As to why people who share different religious beliefs or no religious beliefs at all would want to work at such a place, that's a different question.
I agree with Will’s assessment of this case and his conclusion that the YUGM should have agency in hiring who they believe is the best fit for their non-profit. Given the mission and purpose of the non-profit, it seems genuine for the organization to want people who share their beliefs to help spread their mission. For this reason, it does not seem as though the YUGM is acting in a discriminatory manner. In prohibiting the YUGM from hiring whomever they want, it seems the court would be infringing upon the non-profits First Amendment right to free exercise of religion.
I agree with Will's stance on this issue in that the Yakima Union Gospel Mission should be allowed to only hire people that share their beliefs. The reason for this being that the YUGM is a non-profit organization. By being a non-profit, the organization has genuine religious purpose behind their mission. However, if this was a for profit corporation it would not make sense because it would be harder to prove the validity of a religious mission statement if there was one.
I agree that religious nonprofit organizations like Yakima Union Gospel Mission should be allowed to hire individuals who align with their beliefs. Their mission to spread the Gospel is central to their work, and requiring them to hire people who do not share those values undermines their purpose. Religious organizations are protected under the First Amendment, and Washington’s reversal of this exemption threatens the core principles of religious freedom which also excessively entangles the government in religious affairs. YUGM’s challenge is justified and necessary to protect these rights.
I also agree that a religious nonprofit organization should be allowed to hire or deny people who align with their religious convictions. If the religious organizations do not have this exemption, there is the danger that people join with ill intent to as a deterent to the religion. This concern is a slippery slope that could lead to impeding the church's ability to complete their religious mission, therefore their ability to freely exercise.
In addition to what's been mentioned, I believe that maintaining a cohesive belief system among staff at organizations like Yakima Union Gospel Mission is vital—not just for internal consistency, but also for sustaining the authenticity of their mission. When everyone involved truly shares the same spiritual values, it fosters a work environment that’s better equipped to address the complex challenges of homelessness while remaining true to the organization's core purpose. Religious nonprofits are unique in that their very identity is intertwined with their faith-based mission. Consequently, having the flexibility to hire individuals who are genuinely committed to that mission isn’t merely a preference—it’s essential for the effective delivery of their services and for preserving their right to free exercise under the First Amendment. Balancing anti-discrimination principles with the need to safeguard religious integrity is challenging, but in cases like this, an exemption is necessary to ensure these organizations can continue their vital work without compromising on their fundamental beliefs.
Post a Comment