Wash. Supreme Court published opinion — 961328.pdf

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

Related Parts of This Source

Full Text

1,799 chars

Washington State Constitution. As discussed next, this assertion is inconsistent with

established law interpreting these constitutional provisions. WLAD liability

generally applies to religious nonprofits for discriminatory employment practices

except in the narrow context of ministerial employment.

B. WLAD—A Neutral Law of General Applicability—Does Not Violate
SUGM’s Right to Free Exercise under the First Amendment Absent a
Showing the Ministerial Exception Applies

SUGM argues that allowing it to be held liable under WLAD by invalidating

the religious nonprofit exemption violates its free exercise rights under the First

Amendment. But WLAD is a neutral law of general applicability that survives

constitutional scrutiny. Courts may apply WLAD to a religious employers’ alleged

employment discrimination except in the narrow context of ministerial employment.

“The First Amendment provides, in part, that ‘Congress shall make no law

respecting an establishment of religion, or prohibiting the free exercise thereof.’”

-22-
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Woods v. Seattle’s Union Gospel Mission, 96132-8
(Stephens, J., dissenting in part and concurring in part)

Trinity Lutheran Church of Columbia, Inc. v. Comer, ___ U.S. ___, 137 S. Ct. 2012,

2019, 198 L. Ed. 2d 551 (2017). The free exercise clause applies to the states

through the Fourteenth Amendment. Church of Lukumi Babalu Aye, Inc. v. City of

Hialeah, 508 U.S. 520, 531, 113 S. Ct. 2217, 124 L. Ed. 2d 472 (1993) (citing

Cantwell v. Connecticut, 310 U.S. 296, 303, 60 S. Ct. 900, 903, 84 L. Ed. 1213

(1940)). But “[n]ot all burdens on religion are unconstitutional,” and “[t]he state

may justify a limitation on religious liberty by showing that it is essential to