Background
The case originated in the Eastern District of Washington, where the Union Gospel Mission of Yakima Washington sued state officials, including the Attorney General and members of the Washington State Human Rights Commission. The underlying dispute concerns the application of state anti-discrimination laws to the religious organization’s employment decisions.
The court’s reasoning
The court issued an order stating that upon the vote of a majority of nonrecused active judges, the case is ordered to be reheard en banc pursuant to Federal Rule of Appellate Procedure forty and Circuit Rule forty-three. The order explicitly vacates the prior three-judge panel opinion. In a dissenting opinion, Judge Bumatay, joined by Judges Vandyke and Tung, argued that the Ninth Circuit has relegated religious liberty to a second-class right and warned that the en banc court may endorse the view that states can force religious organizations to hire individuals who flout their religious beliefs.
The dissent
We face an alarming trend on this court. It goes without saying that the First Amendment’s protection of religious liberty is among our most fundamental and cherished rights.
Bumatay
What it means going forward
The vacatur of the panel opinion means the legal status of the case is reset for a full court review. The outcome of the original three-judge panel is no longer effective, and the case will be re-evaluated by the full Ninth Circuit bench.