In Union Gospel Mission of Yakima Washington v. Brown, (9th Cir., June 18, 2026), the U.S. 9th Circuit Court of Appeals voted to review en banc the 3-judge panel's decision that barred enforcement of Washington's Law Against Discrimination against a Christian ministry that gives hiring preference to co-religionists for non-ministerial positions. (See prior posting.)
Judge Bumatay, joined by Judges VanDyke and Tung, filed an opinion dissenting from the grant of en banc review, saying in part:
... [T]he Ninth Circuit has relegated religious liberty to a second-class right. In case after case, our court has condoned governmental interference with the rights of the religious to practice their faith as they believe.
Now, with this en banc vote, we continue down this disturbing path. In what is likely a foregone conclusion, our court steps toward endorsing the view that States can force a religious organization to hire individuals who openly flout its religious beliefs and teachings. As a matter of constitutional first principles and precedent, that’s wrong....
