Does exemption from antidiscrimination law for all religious organizations violate the Washington Constitution?

Volokh, Eugene VOLOKH at law.ucla.edu
Wed Oct 19 16:21:29 PDT 2011


Washington antidiscrimination law, http://apps.leg.wa.gov/rcw/default.aspx?cite=49.60.040, categorically exempts "any religious or sectarian organization not organized for private profit."  In Donelson v. Providence Health & Services-Washington, 2011 WL 4899911 (E.D. Wash. Oct. 14), plaintiff - who alleged that she was fired because of her disability - argues that this exemption violates article I, section 11 of the Washington Constitution, because it unconstitutionally discriminates in favor of religious institutions.  The district court has ordered the parties to state their positions on whether it should certify the question to the Washington Supreme Court.

Eugene
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