Sylvia SPENCER; Ted Youngberg; Vicki Hulse, Plaintiffs-Appellants,
v.
WORLD VISION, INC., Defendant-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted July 8, 2009.
Filed August 23, 2010.
Attorney(s) appearing for the Case
Judith A. Lonnquist , Law Offices of Judith A. Lonnquist, P.S., Seattle, WA, argued the cause for the plaintiffs-appellants and filed the briefs.
Steven T. O'Ban , Ellis, Li & McKinstry PLLC, Seattle, WA, argued the cause for the defendant-appellee and filed the brief. Daniel J. Ichinaga , Ellis, Li & McKinstry PLLC, Seattle, WA, was also on the brief.
Lowell V. Sturgill , Civil Division, U.S. Department of Justice, Washington, DC, argued the cause and filed a brief on behalf of amicus curiae the United States. Gregory G. Katsas , Assistant Attorney General, U.S. Department of Justice, Washington, DC, and Marleigh D. Dover , Civil Division, U.S. Department of Justice, Washington, DC, were also on the brief.
L. Martin Nussbaum , Rothgerber Johnson & Lyons LLP, Colorado Springs, CO, filed a brief on behalf of amici curiae Christian Legal Society, Association of Gospel Rescue Missions, Center for Public Justice, National Association of Evangelicals, Samaritan's Purse, and Union of Orthodox Jewish Congregations of America. Gregory S. Baylor , Christian Legal Society, Springfield, VA, was also on the brief.
Kevin H. Theriot , Alliance Defense Fund, Leawood, KS, filed a brief on behalf of amici curiae Alliance Defense Fund and Youth for Christ. Ben Bull , Alliance Defense Fund, Leawood, KS, and Joel Oster , Alliance Defense Fund, Leawood, KS, were also on the brief.
Eric Bently , Holme Roberts & Owen LLP, Colorado Springs, CO, filed a brief on behalf of amici curiae Association of Christian Schools International and Council for Christian Colleges and Universities. Stuart J. Lark , Holme Roberts & Owen LLP, Colorado Springs, CO, was also on the brief.
Opinion by Judge O'SCANNLAIN; Concurrence by Judge KLEINFELD; Dissent by Judge BERZON.
United States Court of Appeals, Ninth Circuit.
OPINION
O'SCANNLAIN, Circuit Judge:
We must decide whether a faith-based humanitarian organization is exempt from Title VII's prohibition against religious discrimination.
I
Silvia Spencer, Ted Youngberg, and Vicki Hulse were terminated by World Vision, Inc. ("World Vision") on account of their religious beliefs. Religious discrimination is, of course, barred by Title VII of the Civil Rights Act. See 42 U.S.C. § 2000e-2(a)....
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