Wash. Supreme Court published opinion — 961328.pdf

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duties: guiding the faith lives of their students, providing instruction on subjects that

included religion, praying and attending religious services with students, and preparing

students for other religious activities. Id. at 2064-65. In short, though the teachers did

not carry the official title of “minister,” their “core responsibilities as teachers of religion

were essentially the same.” Id. at 2066. The teachers therefore qualified for Hosanna-

Tabor’s ministerial exemption. Id.

Recognizing the need for a careful balance between the religious freedoms of the

sectarian organization and the rights of individuals to be free from discrimination in

employment, the Supreme Court has fashioned the ministerial exception to the

application of antidiscrimination laws in accord with the requirements of the First

Amendment. See id. at 2060-66; Hosanna-Tabor, 565 U.S. at 188-196. Here, Woods

seeks employment as a lawyer with SUGM. SUGM has rejected his application because

it maintains that all employees’ first duty is to minister. In order to balance Woods’

fundamental rights with the religious protections guaranteed to SUGM, we hold that

article I, section 12 is not offended if WLAD’s exception for religious organizations is

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No. 96132-8

applied concerning the claims of a “minister” as defined by Our Lady of Guadalupe and

Hosanna-Tabor.

This approach balances the competing rights advanced by Woods and SUGM. On

one hand, Woods’ sexual orientation and his right to marry are within his fundamental

rights of citizenship. Obergefell, 576 U.S. at 656-60, 663-65; Lawrence, 539 U.S. at 574,

577-78; Warren, 165 Wn.2d at 34. On the other hand, SUGM has the right to exercise its