Wash. Supreme Court published opinion — 961328.pdf

Related Parts of This Source

1,794 chars

these competing interests, and we look to both our state and federal constitutions for

guidance—specifically article I, section 12; article I, section 11; the First Amendment;

and, the United States Supreme Court decision in Our Lady of Guadalupe School v.

Morrissey-Berru, ___ U.S. ___, 140 S. Ct. 2049, 207 L. Ed. 2d 870 (2020).

Here, Matthew Woods brought an employment discrimination action against

Seattle’s Union Gospel Mission (SUGM). At trial, SUGM successfully moved for

summary judgment pursuant to RCW 49.60.040(11)’s religious employer exemption.

Woods appealed to this court, contesting the constitutionality of the statute. SUGM now

argues that RCW 49.60.040(11)’s exemption applies to its hiring decisions because its

employees are expected to minister to their clients. Under Our Lady of Guadalupe, a

2
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 96132-8

plaintiff’s employment discrimination claim must yield in a few limited circumstances,

including where the employee in question is a minister. Whether ministerial

responsibilities and functions discussed in Our Lady of Guadalupe are present in Woods’

case was not decided below.

For the following reasons, we hold that RCW 49.60.040(11) does not violate

article I, section 12 on its face but may be constitutionally invalid as applied to Woods.

Accordingly, we reverse and remand the case to the trial court to determine whether

SUGM meets the ministerial exception.

BACKGROUND

SUGM is a nonprofit, evangelical Christian organization providing services to

Seattle’s unsheltered homeless population. In 1999, SUGM opened its legal aid clinic,

Open Door Legal Services (ODLS), to address its guests’ many legal issues and facilitate

the SUGM’s gospel rescue work.