Virginia leads coalition of AGs in religious liberties suit

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(The Center Square) – Virginia is leading 21 states in a federal appeals case that could decide how much control religious organizations have in choosing their employees.

The case, General Conference of Seventh-day Adventists v. Horton, stems from a Maryland Supreme Court ruling that narrowed an exemption for religious organizations under employment discrimination law.

The court found that the exemption applies only to employees who directly further a religious group’s mission, such as clergy, and not to all staff.

The multistate brief, filed in the U.S. Court of Appeals for the Fourth Circuit, argues that the ruling forces courts into questions of faith that should be left to religious groups.

“The First Amendment guarantees every faith the right to define its mission and hire accordingly. Maryland’s scheme forces courts into theological judgments they are ill-equipped to make, and that intrusion threatens the religious liberty of every Virginian and every American,” said Virginia Attorney General Jason Miyares in a statement.

“This is bigger than one denomination or one state. If Maryland’s interpretation stands, every religious organization across the country is at risk of having its faith redefined by a secular court. That is exactly what the First Amendment was written to prevent.”

The dispute began with the Seventh-day Adventist Church, which requires all employees to be members in good standing. Church officials say that every role, from teachers to staff, is part of carrying out their mission.

The church says its mission extends to every aspect of an employee’s life, including modest dress, marriage and sexuality, healthful living and observance of the Saturday Sabbath.

In a statement provided through Becket, Todd McFarland, deputy general counsel at the General Conference of Seventh-day Adventists, said the church’s mission depends on religious hiring.

“Our Church has spent generations sharing the healing message of Christ in communities worldwide. That mission can only remain strong if we are free to hire employees who are committed to living their faith at home, at church, and in the workplace,” McFarland said.

Eric Baxter, vice president and senior counsel at Becket, said in the same statement that protecting those rights is essential.

“We are asking the court to protect that freedom and ensure the government doesn’t interfere with the Church’s right to make faith-based hiring decisions,” Baxter said.

The Maryland Attorney General’s office declined to comment.

The outcome could shape hiring at faith-based institutions across the region. 

Along with Virginia, the brief was joined by the attorneys general of Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah and West Virginia.