Monday, March 21, 2022

Alito and Thomas eye bigger carveout for churches to discriminate in hiring | Courthouse News Service



Alito and Thomas eye bigger carveout for churches to discriminate in hiring | Courthouse News Service

WASHINGTON (CN) — A church accused of discriminating against a bisexual lawyer lost its bid for a Supreme Court hearing but still caught the attention of two conservative justices Monday.

“To force religious organizations to hire messengers and other personnel who do not share their religious views would undermine not only the autonomy of many religious organizations but also their continued viability,” Justice Samuel Alito wrote in In a statement about the case this morning, with Justice Clarence Thomas concurring. “If States could compel religious organizations to hire employees who fundamentally disagree with them, many religious non-profits would be extinguished from participation in public life — perhaps by those who disagree with their theological views most vigorously.” 

The case concerns a lawyer, Matthew Woods, who applied for an open staff attorney position at a legal clinic operated by the Union Gospel Mission in Seattle. Though Woods had been volunteering with the clinic since his first year of law school, continuing such work for three years, he learned that his sexual orientation might be a barrier to him getting the job.

As a volunteer, Woods had signed a statement of faith that did not reference sexual orientation, but the employee handbook prohibits “homosexual behavior.” He asked the clinic's director — who had previously encouraged him to apply — if being bisexual would be a problem, and the director said he would not be able to apply for the position now. Woods applied anyway and his application was rejected. 

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