In February, a Christian nonprofit led by theologian Christopher Yuan filed a lawsuit against Asana. The nonprofit group Holy Sexuality claimed that Asana, a San Fransisco-based tech company, was religiously discriminating against the group. Holy Sexuality v. Asana, Inc. is expected to be heard in the U.S. District Court for the Southern District of California soon. Holy Sexuality is a Christian ministry that produces video content, teaching individuals to navigate their sexuality through a "biblical lens." Asana offers a 50% discount to nonprofit organizations for project management software. Asana denied Holy Sexuality's request, claiming, "organizations that are … religious … in nature aren't eligible" for the discount.
The case concerns religious liberty under the Free Exercise Clause of the First Amendment and anti-discrimination protections. Holy Sexuality is represented by the Alliance Defending Freedom (ADF), which claims that Asana's policy violates California's Unruh Civil Rights Act and amounts to religious discrimination. The act guarantees that all people in California are entitled to "full and equal" treatment from businesses regardless of their religion. However, Asana seeks to limit nonprofit discounts to organizations that align with its values. Asana restricts from the discount policy not only religious groups but also hospitals, credit unions, educational organizations, and any groups "that advocate, support, or practice discrimination based on age, ethnicity, gender, national origin, disability, race, size, religion, sexual orientation, or socioeconomic background."
The central issue is whether or not Asana has the right to impose such policies or if they violate a Holy Sexuality's right to Free Exercise. Employment Divison of Oregon v. Smith (1990) established that generally applicable laws that may incidentally burden religious groups are constitutional if the law is neutral and applies to everyone equally. Applying this precedent to Asana's policy, which is applied equally to all organizations, may show how this is not an infringement on Holy Sexuality's First Amendment Rights. As stated in Asana's policy, it does not target specific religious groups but applies its policy to all organizations requesting a discount.
However, businesses are also responsible for operating per state and federal laws. The Alliance Defending Freedom (ADF) argues that Asana's policy violates California's Unruh Civil Rights Acts, as individuals are guaranteed "full and equal" treatment to businesses despite religious practice. Although Asana's policy is broadly applicable, it excludes organizations that do not comply, complicating the issue. Notably, Holy Sexuality operates on its religious principles and claims to not discriminate against any group.
Similar to Bob Jones University v. United States, where the Court sided with the IRS, applying federal laws to determine the university's religious beliefs did not justify the discrimination. This case emphasized the government's interest in enforcing public policy against discrimination. Therefore, I argue that the California’s Unruh Civil Rights Act protects Holy Sexuality's right to free exercise. Bob Jones illustrates how state or federal anti-discrimination laws override religious claims (or in this case a company's policy). While Asana's policy may seem neutral, it specifically excludes religious organizations like Holy Sexuality from receiving nonprofit discounts based on their religious nature. In this instance, the California Unruh Civil Rights Act guarantees equal treatment, which I believe takes precedence as state law to protect religious organizations like Holy Sexuality from discrimination.
This case highlights how businesses increasingly set policies aligning with societal values. Asana's policy wants to prevent organizations that discriminate based on age, ethnicity, gender, religion, or sexual orientation from receiving discounts. It is a policy created with respect to seemingly societal norms, yet it affects religious groups' right to be treated equally by businesses. However, from the company's perspective, granting discounts may extend beyond offering typical business services. I recognize that some may argue that granting discounts is endorsing or supporting an organization.
I ask you to consider these questions. Is granting discounts an endorsement of religion, or is it a business service protected by California's Unruh Civil Rights Act? If the Court rules in favor of Holy Sexuality, does this mean companies will be forced to support organizations that contradict their values? Is Holy Sexuality being discriminated against? What do you think?
https://adfmedia.org/case/holy-sexuality-v-asana/
https://www.christianpost.com/news/christopher-yuans-nonprofit-sues-tech-company-alleges-religious-discrimination.html
https://wng.org/roundups/tech-company-sued-for-anti-religious-software-pricing-1740415017
10 comments:
You make a strong argument, but I see it a bit differently. Asana’s policy seems to apply to many types of organizations, not just religious ones, which shows it’s meant to be fair and neutral. Denying a discount isn’t the same as denying service. Forcing companies to give discounts to groups that go against their values could affect their right to run their business how they choose. It’s a complicated issue.
I think I agree with Asana's denial of the Holy Sexuality group. Asana's policy about not giving discounts to religious groups or groups that promote faith is a completely religious-neutral policy. Asana will not give "discounts" to any group but they are not denying them the option to buy their services outright. The religious groups, or in this case, the Holy Sexuality, will just not get the discount for the services. They are not denying the group their religious freedom or access to their services but simply not giving them the discount
While this is a neutral law, I agree that it is not right for certain nonprofit groups to be denied discounts solely because they are faith based, as this would violate California's Unruh Civil Rights Act. Religious groups serve communities, similar to secular ones, and shouldn't be penalized because of their mission. Even though the policy is framed as neutral, it could create a slippery slope moving forward, opening the door for more discriminating policies.
I disagree that Asana's policies violate Holy Sexuality's right to Free Exercise. Asana's policy isn't denying service, instead it's offering a discretionary discount. The policy applies neutrally to different types of organizations, but is just not available to any religious ones. California Unruh Act protects against service denials, but not the denials of discounts, so Asana is totally within its rights to decide who gets and does not get the discount. Also, the discount is not available to any religious groups, so it is not as if Asana is only discriminating against a specific religion. I would see that as more of an issue.
Since Asana is a private company I believe they have the constitutional right to refuse a discount from any non-profit as long as their policy in neutral and generally applicable. In this case, Asana's policy is applicable to a wide variety of non-profits and doesn't seem to particularly target one religious group. That being said, it does seem to violate the California Unruh Civil Rights Act. Therefore Asana is constitutionally correct, but the plaintiffs could make the case that their refusal violates CA's discrimination laws.
I think Asana is within their rights to deny a discoutn to Holy Sexuality. They are a private company, are not denying service (only a discount that could be potentially obtained elsewhere, or Holy Sexuality could pay full price), and their policy for granting discounts is clearly stated on their company website (Holy Sexuality would have known they would get denied if they checked the policy). Their policy is religiously neutral, as it will not grant discounts to any religion, and does not single out a specific religion.
I see your side of the argument as there is a clear financial burden being put on the Holy Sexuality organization just because they are a religious group. It is a dangerous precedent to set that companies can discriminate against religious, but I think it is important to recognize that Asana is not denying the Holy Sexuality organization of their services. Asana is simply denying the religious group of a financial discount, which they have clearly stated applies to all groups dedicated to spirituality. That makes their policy neutral amongst all religions. I feel that the Holy Sexuality group could just find another company, meaning their free exercise isn't being prohibited.
I would argue in favor of the Holy Sexuality organization in this case, because in this case they are a nonprofit customer simply trying to use a service they have already offered to all nonprofits. By denying the discount, Asana is the one enforcing their beliefs on other people; by allowing all nonprofits the discount they remain neutral, but to deny Holy Sexuality it not only works to invalidate that company, but says that it is in direct support of everything the other nonprofit companies are doing. If companies are going to be allowed to discriminate based on religion, what else will they be allowed to discriminate on next?
I agree with Alyssa. While I see and respect your point, I think it’s important to note the crucial fact of the case that the company isn't denying the group service, just discounts. By applying this policy to various groups and businesses, they're creating a fair, neutral rule that isn’t aimed specifically at the religious non-profit group.
This case is quite intricate. I ultimately side with the Holy Sexuality Organization in this case, as it is clear that they are being denied a discount because they are religious, which is discriminatory in nature. In this case, all non-profit organizations are being offered a 50% discount for project management software. Asana, a non-profit organization, should not be treated differently because they are religious. It is important to note that Asana is denying all religious organizations the ability to receive the 50% discount for software, not just the Holy Sexuality Organization. Nevertheless, in offering a 50% discount to "all" nonprofit organizations, it is pretty clear that the organization is offering discounts to a wide variety of groups. By denying only religious organizations the ability to receive discounts, they are not acting neutrally towards them.
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