Wash. Supreme Court published opinion — 961328.pdf

Citation: Wash. Supreme Court published opinion — 961328.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/961328.pdf ↗

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includes any person acting in the interest of an employer, directly or indirectly, who

employs eight or more persons, and does not include any religious or sectarian

organization not organized for private profit.”

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WLAD was modeled on a New York measure entitled the “Law Against Discrimination,”
which was enacted in 1945. Frank P. Helsell, The Law Against Discrimination in Employment,
25 WASH. L. REV. & ST. B.J. 225, 225 (1950) (citing 1945 N.Y. Laws 457). The New York law,
as in WLAD, originally excluded religious nonprofit associations from the definition of
“employer.” 1945 N.Y. Laws 458; see also Morroe Berger, The New York State Law Against
Discrimination: Operation and Administration, 35 CORNELL L.Q. 747, 750 (1949). The term
“employer” in the New York law was “strictly defined” to avoid constitutional inhibitions. See
Current Legislation, 19 ST. JOHN’S L. REV. 170, 171-72 (1945).

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 96132-8

We are asked to review whether the religious employer exemption violates article

I, section 12 of the Washington State Constitution.

Constitutionality of RCW 49.60.040(11)

We presume statutes are constitutional, and the party challenging constitutionality

bears the burden of proving otherwise. Amunrud v. Bd. of Appeals, 158 Wn.2d 208, 215,

143 P.3d 571 (2006), overruled in part by Chong Yim v. City of Seattle, 194 Wn.2d 682,

451 P.3d 694 (2019). “‘[A]n as-applied challenge to the constitutional validity of a

statute is characterized by a party’s allegation that application of the statute in the specific

context of the party’s actions or intended actions is unconstitutional.’” City of Seattle v.

Evans, 184 Wn.2d 856, 862, 366 P.3d 906 (2015) (alteration in original) (internal