Ninth Circuit Rules in Favor of Faith-Based Hiring Practices

In a highly significant victory, on January 6, 2026, in Union Gospel Mission of Yakima v. Brown, the Ninth Circuit affirmed a lower court’s injunction against the attorney general of the state of Washington, ruling that:

“[A] religious institution may decide that its religious mission is best served by hiring only employees who adhere to and follow its religious beliefs—even for those not acting in ministerial roles. The religious institution may also believe that it can more effectively promote its view of moral and spiritual well-being if its own employees do not lead lives contrary to the institution’s teachings.”

The opinion is based on the First Amendment’s “church autonomy doctrine,” which forbids courts from meddling with the internal governance of religious institutions, including faith-based organizations and hiring decisions involving non-ministerial employees.

Here, the attorney general of the state of Washington had targeted the Union Gospel Mission of Yakima after it learned the faith-based mission hired only employees who share the mission’s Christian faith. The attorney general subpoenaed the mission, requesting information about the mission’s requirement that all its employees share the Christian faith of the ministry. The mission sued, asking the district court to preliminarily enjoin the Washington attorney general from enforcing (including through investigations) Washington’s employment discrimination law against the mission. After the court granted the preliminary injunction, the attorney general appealed to the Ninth Circuit. The Center had filed an amicus brief with the Ninth Circuit, asking the Ninth Circuit to affirm the lower court’s injunction and prevent the state from bullying faith-based ministries over their exercise of religious hiring rights.

 

 

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