Summary of facts: Youth 71Five Ministries is a Christian nonprofit organization that provides youth programs such as mentoring, vocational training, and youth centers. Its stated mission is to “teach and share about the life of Jesus Christ.” To advance this mission, 71Five requires all board members, employees, and volunteers to affirm a Christian statement of faith.

In 2023, the Oregon Department of Education’s Youth Development Division (ODEYDD) added a new eligibility rule requiring applicants to certify that they do not discriminate in employment based on protected characteristics, including religion. ODEYDD then withdrew funding from 71Five, on the ground that the nonprofit violated its nondiscrimination policy by requiring employees to sign a statement of faith.

71Five sued ODEYDD, alleging that enforcement of the nondiscrimination rule violated its First Amendment rights to free exercise of religion, religious autonomy, and expressive association and sought a preliminary injunction. The federal district court denied the preliminary injunction, finding that 71Five was unlikely to succeed on its constitutional claims. 71Five appealed to the U.S. Court of Appeals for the Ninth Circuit. The appeals court rejected 71Five’s religious autonomy claim, holding that these doctrines operate as defenses in litigation rather than as standalone claims. 71Five is now asking the Ninth Circuit for en banc review, i.e., for reconsideration of its case by all judges of the appellate court.

RFI’s position: By withdrawing otherwise available funding simply because a religious non-profit requires its own employees to adhere to the organization’s religious tenets, the Oregon Department of Education violates the First Amendment. Religious organizations retain the right to hire adherents of the organization’s faith without fear the government will punish that choice. That right may be asserted like any other constitutional right against any form of government overreach. In holding otherwise, the appellate panel arbitrarily narrowed religious entities’ autonomy to decide employment qualifications. The Ninth Circuit should grant rehearing en banc.

Read the brief here.