2/19/26 Ninth Circuit Affirms Injunction Protecting Religious Hiring Policies
February 19, 2026
Last month, a 3-judge panel of the Ninth Circuit Court of Appeals upheld a preliminary injunction prohibiting the enforcement of the Washington Law Against Discrimination (“WLAD”) against the Union Gospel Mission of Yakima (“Union Gospel”). The panel based its decision on the “church autonomy doctrine,” holding that Union Gospel may make hiring decisions grounded in its religious beliefs and mission, including declining to employ individuals who do not adhere to those beliefs. Although litigation is ongoing, the decision reflects the Ninth Circuit’s recognition that religious organizations may assert constitutional protections that limit the application of certain discrimination laws to their internal hiring practices for all employees, not just ministers.
Pre-Enforcement Challenge to WLAD
Union Gospel maintains employment policies based on its religious mission and requires employees to affirm and follow its Christian beliefs and standards of conduct. At the time of filing, Union Gospel had roughly 150 employees and wanted to hire over 50 additional staff members. During the application process, Union Gospel informed all applicants about its faith-based policies and required all offered applicants to sign an agreement stating they would abide by Union Gospel’s conduct rules. Union Gospel was aware that its policies could conflict with WLAD, which prohibits employment discrimination on several protected bases, including sexual orientation, in Washington. In 2023, Union Gospel filed for pre-enforcement action in federal court, alleging violations of the First Amendment. It sought to enjoin enforcement of WLAD so it could continue applying its standards while the case was pending.
Expanded Hiring Protections Under the Church Autonomy Doctrine
Before this ruling, Washington religious organizations were generally limited to invoking the ministerial exception in hiring decisions, which is a long-recognized legal doctrine protecting a religious organization’s right to make employment decisions for ministers that cannot be challenged on any of the protected bases in discrimination statutes. Although WLAD excludes nonprofit religious organizations from its definition of “employer,” the Washington Supreme Court interpreted that exemption narrowly in Woods v. Seattle’s Union Gospel Mission, limiting the protection to employees qualifying as “ministers” under U.S. Supreme Court First Amendment jurisprudence. 197 Wn.2d 231, 481 P.3d 1060, 1067 (Wash. 2021), cert. denied, 142 S. Ct. 1094 (2022). The Ninth Circuit panel concluded that Union Gospel may decline to hire employees who do not share its religious beliefs regarding marriage and sexuality, including employees in non-ministerial roles, under the broader First Amendment doctrine of church autonomy. The panel explained that church autonomy extends beyond the ministerial exception, which is only one aspect of the doctrine, and generally bars government interference with internal church decisions affecting a religious organization’s faith and mission.
Broader Protection but Narrowly Construed
While the panel’s decision recognized broader First Amendment protections for religious organizations in hiring, it emphasized that the holding was limited. The ruling permits Union Gospel to decline to hire non-ministerial employees who do not share its religious beliefs regarding marriage and sexuality, but it does not authorize discrimination on other protected grounds. The Court also clarified that this protection applies to religious organizations such as Union Gospel itself, and not to other entities that may be affiliated with or operated by religious institutions, such as hospitals.
Take Aways for Employers
Although the ruling recognizes broader constitutional protections for certain religious organizations, it does not change Washington employment discrimination law for employers that do not qualify as religious organizations. The decision also does not permit religious organizations to disregard discrimination laws generally. The holding was limited to employment decisions based on religious belief and conduct that Union Gospel asserted were central to its faith and mission, and other protected categories remain subject to WLAD. Religious organizations that choose to make employment decisions based on religious belief or conduct should ensure their policies are narrowly drafted, clearly tied to the organization’s religious mission, and consistently applied and communicated during the hiring process. As with any employment policy carrying potential legal risk, conducting a risk assessment with counsel can help reduce exposure and possibly avoid unnecessary litigation.
The Ninth Circuit’s jurisdiction includes Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.
Please contact Abby Fitts at 503-276-2190 or afitts@barran.com or Winslow Robinson at 503-276-2103 or wrobinson@barran.com with any questions or for assistance in determining your employment compliance.