A unanimous 9th Circuit panel ruling affirms a religious ministry can hire employees who share its beliefs, even for non-ministerial roles.
For 90 years, Yakima Union Gospel Mission has operated with a clear purpose: to spread the gospel of Jesus Christ while serving the homeless, hungry, and hurting. In a single year, they provide 30,000+ nights of shelter, serve over 130,000 meals, and help dozens find freedom from addiction, all while sharing the message of Christ with everyone they serve.
But in 2021, a Washington Supreme Court decision changed everything. The court narrowly interpreted the state's religious employer exemption under the Washington Law Against Discrimination (“WLAD”), meaning the Mission could face penalties and lawsuits for requiring its 150+ employees to agree with and live out the ministry's Christian beliefs, including its beliefs about marriage and sexuality.
The stakes were high.
The Mission anticipated needing to fill over 50 positions in the next year, including an IT technician and an operations assistant. Every employee, regardless of role, is essential to the internal religious makeup of the ministry. Everyone participates in prayers, weekly chapel services, and creates a "spiritually supportive environment" that makes their outward ministry possible. Could they continue hiring staff who shared their faith? Or would Washington state force them to employ individuals who openly disagreed with the beliefs they exist to advance?
Yakima Union Gospel Mission's approach to employment flows directly from its religious convictions. It believes that "spiritual welfare carries more weight than physical assistance" and that its employees are its "hands, feet, and mouthpiece" in fulfilling its mission.
Before anyone applies for a position, the Mission clearly communicates its religious requirements. Job applicants must agree to the ministry's statement of faith and core values, which include the Mission's belief in biblical marriage between one man and one woman. Every employee signs this agreement before being hired. For the Mission, this is about discipleship, Christ-centered community, and sharing the Gospel. The Mission believes that only staff who share its Christian beliefs can create the "community of like-minded believers" necessary to present a "united, correct, and consistent Christian message" to the people they serve.
After the 2021 Washington Supreme Court ruling, the Mission would face fines, penalties, and lawsuits for continuing to hire only those who shared its faith.
In March 2023, Alliance Defending Freedom filed a lawsuit on behalf of Yakima Union Gospel Mission, arguing that the reinterpreted WLAD violated the First Amendment's protections for religious organizations.
A federal district court initially dismissed the case. ADF attorneys appealed to the U.S. Court of Appeals for the 9th Circuit, which reversed that decision in August 2024. By November 2024, the district court issued an order temporarily blocking the state from enforcing the law, but the state appealed that decision.
Throughout the case, ADF attorneys argued that the WLAD violated the church autonomy doctrine, a constitutional right that protects religious organizations from government interference in matters central to their faith and mission.
In June 2025, ADF attorneys returned to the 9th Circuit for oral arguments. On January 6, 2026, the 3-judge panel delivered a unanimous victory.
The 9th Circuit's decision was clear. Writing for the unanimous panel, Judge Patrick Bumatay explained that the church autonomy doctrine, "forbids interference with 'an internal church decision that affects the faith and mission of the church itself.'" The Mission's hiring policy, he wrote, "constitutes an internal management decision that is essential to the institution's central mission."
The court recognized these essential facts:
1. Yakima Union Gospel Mission is a religious institution.
2. The Mission has a sincerely held religious belief that only co-religionists may advance its religious mission.
3. The Mission's hiring policy is based on that religious belief.
Given these elements, enforcing Washington's law against Yakima Union Gospel Mission would violate the First Amendment.
ADF Senior Counsel Jeremiah Galus, who argued the case, explained: "Religious organizations shouldn't be punished for exercising their constitutionally protected freedom to hire employees who are aligned with and live out their shared religious beliefs. Yakima Union Gospel Mission exists to spread the Gospel of Jesus Christ through its homeless shelter, addiction-recovery programs, outreach efforts, meal services, and health clinics. The 9th Circuit correctly ruled that the First Amendment protects the mission's freedom to hire fellow believers who share that calling.
1. It clarifies that church autonomy protects more than just decisions about "ministers." While courts have long recognized that religious organizations can freely choose who serves in various ministerial roles, like clergy, this decision confirms that the principle extends further. When hiring decisions are rooted in sincerely held religious beliefs and are essential to an organization's mission, the First Amendment protects those decisions, even for non-ministerial positions.
2. It protects religious identity. The court recognized that "personnel is policy." Who you hire shapes who you are as an organization. Forcing religious ministries to employ people who reject their core beliefs would fundamentally undermine their identity and message.
3. It safeguards mission-driven hiring. The ruling acknowledges that religious organizations may need all their employees to support the spiritual environment that makes their ministry possible. Yakima Union Gospel Mission requires its entire team to pray together, attend chapel, and encourage one another in their faith.
4. It's already the norm under federal law. What the Mission sought is already protected under Title VII of the Civil Rights Act and many state anti-discrimination laws, which contain “co-religionist” exemptions for religious organizations. Washington was an outlier. This decision affirms that the First Amendment requires similar protection.
Yakima Union Gospel Mission didn't face this battle alone. Through the Church and Ministry Alliance, they had a long-standing relationship with Alliance Defending Freedom.
When Washington officials threatened their ability to continue their hiring practices, they knew where to turn. Yakima Union Gospel Mission connected with ADF attorneys who understood religious liberty law and were willing to take their case. As the litigation wound through multiple courts over nearly three years, they had legal counsel at their side.
CMA wants to partner with ministries, like Yakima Union Gospel Mission, in their Kingdom-building purposes: building relationships, strengthening policies, and helping ministries operate with confidence and conviction.
Clear policies matter. Yakima Union Gospel Mission's victory was strengthened by its mature self-understanding and its consistent, well-documented practices. Yakima Union Gospel Mission understood itself as a Christ-centered community, united in faith for a shared mission to build God’s Kingdom. And it clearly communicated its religious requirements before hiring through written statements of faith and conduct standards. Every employee affirmed and made a commitment to uphold those religious expectations.
Your documents need to tell your story. The court reviewed Yakima Union Gospel Mission's constitution and bylaws and employment policies. It noted that employees must acknowledge and agree to its statement of faith, core values, and job requirements. These documents clearly revealed the ministry’s identity, purpose, and beliefs, and reflected the deep connection between all positions, even administrative roles, to the ministry's religious mission. Your governing documents and policies should do this too, in a way uniquely tailored to your particular ministry.
Get ahead of challenges. Clear policies and compelling documents help a ministry bear witness to its community, stay committed to its mission, and navigate disputes. The time to strengthen your legal foundation is now, before a challenge starts. The Religious Liberty Assessment that comes with CMA membership helps you do exactly this. ADF attorneys will review your core documents, identify potential vulnerabilities, and help ensure your policies clearly reflect your mission and beliefs.
A unanimous 9th Circuit panel ruling affirms a religious ministry can hire employees who share its beliefs.
