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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in religious activities). Even if we were to impermissibly hypothesize that the

exemption expresses a legislative intent to foster free exercise, it favors the free

exercise rights of religious nonprofits over all other employers who might also hold

sincere religious beliefs. That act of legislative favoritism unconstitutionally

violates our state privileges and immunities clause because it does not rest on

reasonable grounds—it does not serve WLAD’s stated goals. See, e.g., Schroeder,

179 Wn.2d at 574.8

Recognizing that the religious nonprofit exemption violates article I, section

12 does not mean employers like SUGM stand defenseless to assert religious

freedoms against allegations of discrimination under WLAD. The First