While applying for a position with World Vision, a Christian relief and development organization, Ms. Aubry McMahon was in a same-sex “marriage,” though she did not disclose it at the time. As part of the interview process, McMahon affirmed World Vision’s statement of faith and her ability to abide by its code of conduct, which reflects its belief that marriage is the union of husband and wife. But after World Vision offered her the position, McMahon revealed her same-sex relationship. World Vision then withdrew the job offer. McMahon quickly filed suit alleging unlawful employment discrimination.

RFI joined an amicus brief, our 58th since 2018, on behalf of World Vision. Christian Legal Society led this effort, and the brief was filed in a federal appeals court earlier this week. RFI often files or joins such briefs in order to educate the courts about the broader context and implications for religious freedom of the cases before them.

Civil rights laws that identify “sexual orientation” and “gender identity” (SOGI) as protected classes end up treating Christian and other religious communities’ convictions on sexuality and marriage as demanding punitive government action when faith-based organizations uphold those convictions in practice. Entities like World Vision have a moral and constitutional right to organize internally and serve externally in ways that honor their religious mission and convictions. This case is yet another example of how SOGI laws can be used to violate that right.

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. The case has now been appealed to the U.S. Court of Appeals for the Ninth Circuit.

Read the amicus brief.