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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SUGM are secular and which are religious, observing “societal tensions between

religion and LGBTQ disputes ‘must be resolved with tolerance [and] without undue

disrespect to sincere religious beliefs.’” Id. (alteration in original) (quoting

Masterpiece Cakeshop, Ltd. v. Colo. Civil Rights Comm’n, ___ U.S. ___, 138 S. Ct.

1719, 1732, 201 L. Ed. 2d 35 (2018)). As a result, the superior court dismissed

Woods’s claims with prejudice. The court did not address the ministerial exception

or any constitutional defenses to WLAD liability raised by SUGM.

We granted direct review.

ANALYSIS

The majority frames the issue in this case as whether RCW 49.60.040(11)’s

religious nonprofit exemption can be constitutionally applied under the ministerial

exception, but this approach evades the constitutional question actually before us.

Woods contends the exemption violates article I, section 12 of the Washington State

Constitution on both legislative favoritism grounds and equal protection grounds.

Our state privileges and immunities clause requires that we consider the statutory

exemption as it exists—not as we might rewrite it. Moreover, whether SUGM could

successfully assert a constitutional affirmative defense to WLAD liability for acts of

discrimination involving its ministers does not answer whether the (much broader)

religious nonprofit exemption violates article I, section 12. Addressing the

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Woods v. Seattle’s Union Gospel Mission, 96132-8
(Stephens, J., dissenting in part and concurring in part)

constitutionality of the exemption as it was actually applied here, I would hold

exempting SUGM from WLAD liability based on its status as a religious nonprofit