Summary of facts: The plaintiff applied for a position with World Vision, a large Christian international relief and development nonprofit. As part of the interview process, Ms. McMahon affirmed World Vision’s statement of faith and her ability to abide by its code of conduct, the latter reflecting the organization’s view of traditional marriage. But after World Vision offered her the position, McMahon revealed that she was in a same-sex “marriage.”  World Vision then withdrew the job offer. McMahon quickly filed suit, alleging violations of Title VII and Washington’s employment nondiscrimination law. She doesn’t dispute that World Vision sincerely holds its beliefs on marriage and that she would not have been comfortable expressing these beliefs on World Vision’s behalf to callers. In late November, the trial judge granted McMahon partial summary judgment, rejecting World Vision’s defenses under the ministerial exception, Title VII’s religious exemption, and the First Amendment protections for religious exercise, speech, and association.

RFI’s position: The First Amendment’s Free Exercise of Religion Clause bars application to a religious nonprofit employer of federal and state laws against employment discrimination on the basis of sex and sexual orientation (Title VII and Washington’s state counterpart), where application would substantially burden the employer’s indisputably sincere religious belief and conduct standard on sexual activity outside a marriage between a man and a woman.

Read the amicus brief here.