Press Release  AG Campbell Leads Multistate Coalition In Support Of Upholding Anti-Discrimination Law On The Basis Of Sex

BOSTON — Massachusetts Attorney General Andrea Joy Campbell is leading a coalition of 20 attorneys general in defense of state and federal anti-discrimination law. The coalition filed an amicus brief in McMahon v. World Vision Inc., asking the United States Court of Appeals for the Ninth Circuit to hold that World Vision remains liable for its alleged discrimination on the basis of sex. World Vision, which describes itself as a Christian humanitarian organization, has sought to avoid claims for discrimination by asserting that the freedom of expressive association and the right to church autonomy should shield it from liability for alleged discriminatory hiring practices. 

World Vision offered the plaintiff, Aubry McMahon, a job as a customer service representative but rescinded its offer after learning she was in a same-sex marriage. McMahon contends that World Vision rescinded her job offer on the basis of sex, an act of discrimination that federal law expressly forbids. 

“Discrimination by an employer based on the sex of a person an employee loves is unacceptable, and our civil rights laws forbid it. That's why, time and time again, courts have ruled that religious organizations are not broadly exempt from laws that protect their workers from discrimination,” said AG Campbell. “I am proud to lead this coalition, which will continue to fight against clear-cut discrimination and ensure equitable and fair treatment for all.”

World Vision argues that having McMahon on its payroll would impair its First Amendment right to expressive association. The coalition argues that this interpretation of expressive association is radical, inapplicable, and would wreak havoc on states’ ability to ensure employment opportunities remain open to all. Additionally, World Vision claims the First Amendment’s ministerial exemption and “church autonomy” doctrine shield it from most employment discrimination laws. The coalition argues that application of those constitutional protections for religious organizations to this case, in which the job McMahon was offered had no particular religious responsibilities, would effectively give religious organizations broad immunity from secular laws and endanger the thousands of people who work for these groups in both ministerial and non-ministerial capacities. The District Court for the Western District of Washington agreed with the coalition’s arguments, but World Vision appealed that decision. 

The coalition argues that World Vision’s arguments have been repeatedly used as a way to undermine federal anti-discrimination laws and violate the Civil Rights Act of 1964. The attorneys general therefore ask the appellate court to affirm the district court’s decision that the right of expressive association, the ministerial exception, and church autonomy do not shield the defendant’s action from liability under employment discrimination laws. 

This matter is AG Campbell’s latest effort to promote and protect the rights of LGBTQIA+ individuals. Earlier this year, the office released an updated Public Accommodation Guide, reaffirming resources that ensure that the rights and needs of LGBTQIA+ people are respected. In addition to public education of the law, AG Campbell’s office has filed or joined various friend-of-the-court briefs at the state and federal level to protect free expression, protect access to public accommodations for transgender individuals, and support gender-affirming care, LGBTQIA+ inclusive books in schools, and bans on conversion therapy. 

Those who experience or witness discrimination on the basis of sexual orientation or gender identity are encouraged to file a complaint with the Civil Rights Division of the Attorney General’s Office: https://www.mass.gov/how-to/file-a-civil-rights-complaint.

This matter was handled by Assistant Attorney General Adam Cambier of the AGO’s Civil Rights Division and State Solicitor David Kravitz.

Joining AG Campbell in signing the brief are the attorneys general from California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai’i, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Vermont, Washington, and Wisconsin. 

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