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Church sues Maryland arguing for right to discriminate in employment based on religion

Alex Mann, Baltimore Sun on

Published in Religious News

BALTIMORE — The Seventh-day Adventist Church is suing Maryland, arguing that its fair employment law prevents religious organizations from being able to hire — and fire — people based on their beliefs, bridging those groups’ constitutional right to religious independence.

The church said in its lawsuit, filed Wednesday in the U.S. District Court in Baltimore, that it only employs people who are members of the church and adhere to its religious standards, which bar consuming alcohol and drugs and “adultery and homosexual practices.”

Lawyers for the church, which is headquartered in Silver Spring, say its hiring practices are now considered illegal because of the Supreme Court of Maryland’s recent interpretation of the Maryland Fair Employment Practices Act.

“Plaintiffs require all employees to be members in regular standing of the Church — regardless of their job title and responsibilities,” the lawsuit says. “This includes employees with traditional religious roles (such as pastors and ministers) and those whose roles may not typically be deemed religious (such as information technology personnel and maintenance workers). But Maryland law now purports to make this religious exercise unlawful.”

In an opinion published in August 2023, the state’s high court narrowed a previous exemption allowing religious organizations to discriminate based on religion in employment. A majority of the Maryland Supreme Court justices found religious organizations could consider religion only when hiring employees who “directly further the core mission” of the group.

Lawyers for the church argued it shouldn’t be up to the courts to determine which employees meet that criteria.

The lawsuit went on to say that the church expects its employees to adhere to personal conduct standards such as abstaining from tobacco and “immoral conduct including but not limited to engaging in pornographic activities, child sexual abuse, incest, fornication, adultery and homosexual practices.”

“Plaintiffs will not hire individuals who do not meet these requirements, and it is their policy to either post these requirements in job listings or inform all applicants of the requirements early in the application process,” wrote attorneys for the church, adding that “failure to practice the fundamental teachings and standards” is cause for termination.

 

The lawsuit alleges that Maryland prohibiting such employment practices through its fair employment law amounts to a violation of the First Amendment, which protects freedom of religion and speech.

“Application of (Maryland Fair Employment Practices Act) to Plaintiffs’ hiring practices would result in excessive government entanglement with the Church’s internal religious decision-making and would violate the First Amendment,” lawyers for the church wrote.

The complaint names Democratic Maryland Attorney General Anthony Brown and members of the state’s Commission on Civil Rights. State lawmakers empowered Brown’s office and the civil rights commission to enforce the fair employment law.

A spokesperson for Brown’s office declined to comment, while Cleveland L. Horton II, executive director for the civil rights commission, did not respond to a request for comment.

The law giving Brown’s office authority to enforce fair employment and laws against discrimination in the workplace took effect July 1. When Democratic Gov. Wes Moore signed it into law in May 2023, Brown touted the measure as necessary.

“This legislation provides the tools needed by the Office of the Attorney General to root out discrimination and bring enforcement actions on behalf of Marylanders whose civil rights have been violated,” Brown said in a statement at the time. “We will actively defend employees’ rights, protect renters and homeowners, and ensure access to healthcare, the ballot, public and commercial spaces, and opportunities. No one should suffer discrimination in Maryland.”

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©2024 Baltimore Sun. Visit baltimoresun.com. Distributed by Tribune Content Agency, LLC.

 

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