In Union Gospel Mission of Yakima, Wash. v. Ferguson, (ED WA, Sept. 1, 2023), a Washington federal district court dismissed for lack of standing a suit challenging the constitutionality of the Washington Supreme Court's interpretation of the state's anti-discrimination law. The state Supreme Court in a prior case interpreted the statute's exemption for non-profit religious organizations to be limited to situations covered by the ministerial exemption doctrine. In this case, plaintiff that operates a homeless shelter and thrift store and also provides social services sought a declaration that religious organizations have a constitutional right to hire, even in non-ministerial positions, only those who agree with its religious beliefs and who will comply with its religious tenets and behavior requirements. In dismissing the lawsuit, the court found that there was no credible threat of enforcement against plaintiff, and that this suit was a disguised attempt to appeal a Washington Supreme Court decision in violation of the Rooker-Feldman Doctrine.
