Virginia Attorney General Jason Miyares announced that the state is leading a coalition of 21 states in filing an amicus brief with the U.S. Court of Appeals for the Fourth Circuit. The brief defends the constitutional right of religious organizations to manage their own missions and employment practices without interference from secular courts.
The legal dispute centers on a Maryland law intended to prohibit employment discrimination, which has historically included an exemption for religious organizations. However, the Maryland Supreme Court recently narrowed this exemption, ruling that it applies only to employees who “directly further” a religious organization’s “core mission.” This interpretation requires secular courts to determine what constitutes a faith’s core mission and which employees are essential to it.
The case was brought forward by the General Conference of Seventh-Day Adventists and Adventist Risk Management, Inc., who argue that all employees must be church members in good standing because every employee contributes to advancing their religious mission. Under Maryland’s new interpretation, this practice could be challenged if judges decide some employees are not sufficiently connected to the church’s mission.
According to the amicus brief filed by Miyares and other attorneys general, this approach infringes on protections provided by the First Amendment’s Religion Clauses. “The Free Exercise Clause protects the right of religious groups to shape their own faith and mission, while the Establishment Clause bars government from inserting itself into ecclesiastical matters,” states the brief. It also argues that even potential litigation could discourage religious exercise by forcing organizations to consider legal consequences rather than religious beliefs when making decisions.
Attorney General Miyares was joined in filing the brief by attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia.
“Read the brief here.”
