In Youth 71Five Ministries v. Williams, (9th Cir., Aug. 8, 2024), the U.S. 9th Circuit Court of Appeals issued an injunction pending appeal allowing a Christian organization that mentors at-risk youths to participate in Oregon's Youth Community Investment Grant Program. The state had canceled $410,000 in grants to the organization when it discovered that it only hires those that share its faith in violation of the state's "Certification Rule" that bars grantee from discriminating in its employment practices. The court said in part:
Although Oregon strictly enforced the Certification Rule against 71Five, it has looked the other way with secular groups that also receive state funding. The record indicates that the state continues to fund many groups that discriminate—by providing services to only subsets of the population—in violation of the Certification Rule. For example, a group named Ophelia’s Place continues to receive funds even though it provides services only to “girl-identifying youth.” And another group called the Black Parent Initiative receives funds, despite only serving African and African American families....
The Free Exercise Clause bars the government from treating religious groups worse than secular ones—but Oregon has apparently done just that in selectively enforcing its Certification Rule against 71Five....
