Opinion

Union Gospel Mission of Yakima Washington v. Brown

Court
Court of Appeals for the Ninth Circuit
Filed
Jun 18, 2026
Status
Published
Cited by
0 cases

The opinion

FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 18 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNION GOSPEL MISSION OF YAKIMA No. 24-7246

WASHINGTON, D.C. No.

1:23-cv-03027-MKD

Plaintiff - Appellee, Eastern District of Washington,

Yakima

v.

ORDER

NICK BROWN, in his official capacity as

Attorney General of Washington State;

ANDRETA ARMSTRONG, in her official

capacity as Executive Director of the

Washington State Human Rights

Commission; DEBORAH COOK, in her

official capacity as Commissioner of the

Washington State Human Rights

Commission; GUADALUPE GAMBOA, in

her official capacity as Commissioner of the

Washington State Human Rights

Commission; JEFF SBAIH, in his official

capacity as Commissioner of the

Washington State Human Rights

Commission; HAN TRAN, in his official

capacity as Commissioner of the

Washington State Human Rights

Commission,

Defendants - Appellants.

MURGUIA, Chief Judge:

Dissent by Judge Bumatay

Upon the vote of a majority of nonrecused active judges, it is ordered that

this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 40(c)

and Circuit Rule 40-3. The three-judge panel opinion is vacated.

2 24-7246

FILED

JUN 18 2026

Union Gospel Mission of Yakima Washington v. Brown, et al. 24-7246 MOLLY C. DWYER, CLERK

BUMATAY, Circuit Judge, joined by VANDYKE and TUNG, Circuit Judges, U.S. COURT OF APPEALS

dissenting from the grant of rehearing en banc:

We face an alarming trend on this court. It goes without saying that the First

Amendment’s protection of religious liberty is among our most fundamental and

cherished rights. Simply, the freedom of religion is central to our freedom. Indeed,

our nation was formed in part to break from government oppression of the religious.

So this right is “a peculiarly American conception”—“one that emphasizes the

integrity and diversity of religious life rather than the secularism of the State.”

Michael W. McConnell, The Origins and Historical Understanding of Free Exercise

of Religion, 103 Harv. L. Rev. 1409, 1416 (1990).

Despite this, the Ninth Circuit has relegated religious liberty to a second-class

right. In case after case, our court has condoned governmental interference with the

rights of the religious to practice their faith as they believe. See, e.g., Kennedy v.

Bremerton Sch. Dist., 4 F.4th 910, 945 (9th Cir. 2021) (R. Nelson, J., dissenting from

the denial of reh’g en banc); Hittle v. City of Stockton, 101 F.4th 1000, 1019 (9th Cir.

2024) (VanDyke, J., dissenting from denial of reh’g en banc); Olympus Spa v.

Armstrong, 169 F.4th 817, 862 (9th Cir. 2026) (Tung, J., dissenting from denial of

reh’g en banc); Woolard v. Thurmond, 170 F.4th 701, 710 (9th Cir. 2026) (Bumatay,

J., dissenting from denial of reh’g en banc); Detwiler v. Mid-Columbia Medical Ctr.,

172 F.4th 1072, 1072 (9th Cir. 2026) (Forrest, J., dissenting from denial of reh’g en

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banc). And our failure to guard against intrusions on religious liberty has not gone

unnoticed. See Mirabelli v. Bonta, 607 U.S. 492, 496–97 (2026).

Now, with this en banc vote, we continue down this disturbing path. In what

is likely a foregone conclusion, our court steps toward endorsing the view that States

can force a religious organization to hire individuals who openly flout its religious

beliefs and teachings. As a matter of constitutional first principles and precedent,

that’s wrong. See Our Lady of Guadalupe Sch. v. Morrissey-Berru, 591 U.S. 732,

746 (2020). Perhaps I’m wrong, in which case I will celebrate the win for the First

Amendment. But given our court’s track record, I have doubts.

The Constitution exists for a reason. It enshrines enduring principles. Those

principles must be protected against all—even against encroachment by popular

causes. But the Ninth Circuit has made clear that it will subordinate religious

liberty—that precious American principle—whenever its judges decide that the right

simply isn’t worth it.

We are better than this.

I respectfully dissent from the grant of rehearing en banc.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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