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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UTTER & HUGH D. SPITZER, THE WASHINGTON STATE CONSTITUTION: A REFERENCE

GUIDE 26-27 (G. Alan Tarr ed., 2002)).

Though Washington courts have, at times, analyzed article I, section 12 as

equivalent to the federal equal protection clause, this court also recognized that the text

and aims of the constitutional provisions differed. Id. at 775-76. Article I, section 12

was intended to prevent favoritism and special treatment to the few while disadvantaging

others, and the Fourteenth Amendment was intended to prevent discrimination against

disfavored individuals or groups. Id. at 776 (citing State v. Smith, 117 Wn.2d 263, 283,

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We do not opine on the effect of this decision on every prospective employee seeking work
with any religious nonprofit such as universities, elementary schools, and houses of worship.
See Ockletree, 179 Wn.2d at 777 (noting employers covered under RCW 49.60.040(11) include
Catholic Community Services, Jewish Family Services, CRISTA Ministries, YMCA, YWCA,
Salvation Army, and St. Vincent De Paul, as well as churches, synagogues, and mosques).
Woods does not prove and we do not hold that no set of circumstances exist under which the
religious employer exemption can be constitutionally applied.

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

814 P.2d 652 (1991) (Utter, J., concurring)). Due to these distinctions, our state’s

privileges and immunities clause can support an analysis independent of the Fourteenth

Amendment. Id. at 776 (citing Grant County Fire Prot. Dist. No. 5 v. City of Moses

Lake, 150 Wn.2d 791, 83 P.3d 419 (2004)).

We apply a two-pronged test to determine the constitutionality of the religious

employer exemption under our article I, section 12: (1) whether RCW 49.60.040(11)