Attorney General Kwame Raoul has aligned with a coalition of 20 attorneys general to support state and federal anti-discrimination laws. The group submitted an amicus brief in the case of McMahon v. World Vision Inc., urging the United States Court of Appeals for the 9th Circuit to affirm that World Vision is accountable for alleged sex-based discrimination.
World Vision, identifying as a religiously motivated humanitarian organization, offered Aubry McMahon a position as a customer service representative but withdrew the offer upon discovering her same-sex marriage. McMahon claims this action constitutes sex-based discrimination, which is prohibited by federal law.
"No employer has the right to fire an employee based on who they are or who they love," stated Raoul. "I am committed to standing with my fellow attorneys general to fight workplace discrimination by ensuring that all employers are made to follow state and federal anti-discrimination laws."
World Vision argues that its freedom of expressive association protects it from liability regarding its hiring practices. However, Raoul and his colleagues contend this interpretation could undermine states' abilities to maintain open employment opportunities. Furthermore, World Vision asserts that the First Amendment's ministerial exemption and "church autonomy" doctrine shield it from most employment discrimination laws. Raoul and others argue these protections should not apply in cases where the job lacks specific religious duties, warning such application could grant broad immunity from secular laws.
The District Court for the Western District of Washington agreed with these arguments; however, World Vision has appealed this decision.
In their brief, Raoul and his coalition highlight how World Vision’s defense strategies have historically been used to challenge federal anti-discrimination statutes and violate the Civil Rights Act of 1964. They request that the appellate court uphold the district court's ruling that neither expressive association rights nor ministerial exception doctrines exempt defendants from liability under employment discrimination laws.
Joining Attorney General Raoul in signing the brief are attorneys general from California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Vermont, Washington and Wisconsin.