Summary of facts: Union Gospel Mission of Yakima is a private, nonprofit, religious organization that operates a homeless shelter, addiction-recovery programs, medical and dental clinics, and other community services. To remain true to its religious mission, the organization hires employees who adhere to its Christian faith, including abstaining from any sexual conduct outside of biblical marriage between one man and one woman. However, state officials view the Mission’s hiring practices as a violation of the “sexual orientation” discrimination provision under the Washington Law Against Discrimination. The mission sued the state in federal court, arguing that the state’s application of the law to its hiring practices violates the First Amendment. The district court held that the mission was likely to succeed on its First Amendment claim and issued a preliminary injunction prohibiting the state from enforcing the anti-discrimination law against the mission. The state then appealed to the U.S. Court of Appeals for the Ninth Circuit.

RFI’s position: The district court correctly held that the Free Exercise Clause requires application of strict scrutiny to the state’s anti-discrimination law because it is not generally applicable. Furthermore, the state cannot satisfy strict scrutiny in denying the mission an exemption from that law. The court of appeals should affirm the district court’s grant of a preliminary injunction.