AG Bonta Supports Washington State Anti-Discrimination Law

CA Attorney General Press Releases

Filed March 3rd, 2026

Detected March 3rd, 2026

Summary

California Attorney General Rob Bonta joined 13 other state attorneys general in filing an amicus brief supporting Washington State's motion for rehearing en banc. The brief opposes a Ninth Circuit panel's ruling that weakened a Washington State law prohibiting employment discrimination based on sexual orientation, arguing it harms states' ability to protect residents.

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What changed

California Attorney General Rob Bonta, along with a coalition of 13 other state attorneys general, has filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit. This action supports Washington State's petition for rehearing en banc of a panel's decision that weakened the Washington Law Against Discrimination (WLAD) concerning employment discrimination based on sexual orientation. The coalition argues the Ninth Circuit's ruling lacks legal precedent and undermines states' authority to protect employees from discrimination.

The case involves a lawsuit filed by the Yakima Union Gospel Mission, which sought to hire only individuals of the same religion for non-ministerial positions, citing First Amendment religious rights. A district court granted an injunction, and the Ninth Circuit affirmed this decision. The amicus brief aims to persuade the Ninth Circuit to reconsider its ruling, emphasizing that employment discrimination causes significant harm and that religious exemptions should not extend to non-ministerial roles. This filing is a significant intervention in an ongoing legal battle over the scope of anti-discrimination laws and religious freedom in employment.

What to do next

Review Ninth Circuit's decision on WLAD and its implications for employment discrimination law.
Monitor further proceedings in the case of Yakima Union Gospel Mission v. Washington State Attorney General.
Assess potential impact on state-level anti-discrimination enforcement and religious exemption claims.

Source document (simplified)

Attorney General Bonta Opposes Attack Against State Law Protecting Employees from Discrimination

Press Release
Attorney General Bonta Opposes Attack Against State Law Prot… Tuesday, March 3, 2026 Contact: (916) 210-6000, agpressoffice@doj.ca.gov OAKLAND — California Attorney General Rob Bonta yesterday joined a coalition of 14 attorneys general in submitting an amicus brief in the U.S. Court of Appeals for the Ninth Circuit supporting a petition for rehearing en banc of a Ninth Circuit panel’s ruling that weakens a Washington State law prohibiting employment discrimination based on sexual orientation. In the brief, Attorney General Bonta and the coalition argue that the Ninth Circuit’s ruling is unsupported by legal precedent and harms states’ well-founded interests in protecting residents from employment discrimination.

“Anti-discrimination laws, like those in Washington, allow states to protect their residents from serious mental, physical, and financial harm,” said Attorney General Bonta. “These laws can and have protected employees and job seekers without violating or devaluing Americans’ Constitutional right to practice religion. We will continue to uphold and safeguard legal protections against employment discrimination, both in California and nationwide.”

In March 2023, homeless shelter Yakima Union Gospel Mission (Union Gospel) filed a lawsuit in the U.S. District Court for the Eastern District of Washington against the Washington State Attorney General and the Washington State Human Rights Commission. The lawsuit alleged that the Washington Law Against Discrimination (WLAD) — which prohibits discrimination in employment based on sexual orientation — violates Union Gospel’s rights under the First Amendment of the Constitution by preventing Union Gospel from hiring only people with the same religion for non-ministerial positions. The district court granted Union Gospel’s motion for a preliminary injunction, allowing Union Gospel to continue its faith-based hiring practices. Washington State appealed the district court’s decision to the U.S. Court of Appeals for the Ninth Circuit. In January 2026, the Ninth Circuit affirmed the district court’s ruling. Washington State has filed a motion for a rehearing en banc, asking the Ninth Circuit to reconsider its ruling.

In yesterday’s amicus brief, Attorney General Bonta and the coalition support Washington State’s motion for a rehearing. In the brief, Attorney General Bonta and the coalition argue that:

There is no legal precedent that supports expanding religious institutions’ right to hire based on faith to include non-ministerial positions.
Employment-based discrimination has been demonstrated to cause severe mental, physical, and economic harms to individuals and the broader marketplace. The Ninth Circuit’s decision harms states’ abilities to enforce anti-discrimination laws that protect their residents from such harms. In filing yesterday’s amicus brief, Attorney General Bonta joins the attorneys general of Massachusetts, Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawai‘i, Illinois, Minnesota, Nevada, New York, Oregon, and Rhode Island.