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

[Vance R. Koven]

Interesting issue. Is it essentially an argument that a statutory
antidiscrimination law *must* exactly track the "naked" constitutional
requirements? Presumably, if the exemption under the statute is too broad, a
plaintiff can make a direct constitutional claim. Would it suffice for the
state to argue that the likelihood of success against a religious
organizational defendant (which, along with other nonprofit organizations,
benefits in many states from very low limits of liability) is remote enough
that the state is justified in withholding whatever administrative machinery
is put in place by the statute?

Vance

On Wed, Oct 19, 2011 at 7:21 PM, Volokh, Eugene <VOLOKH at law.ucla.edu> wrote:

> 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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-- 
Vance R. Koven
Boston, MA USA
vrkoven at world.std.com
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