Episode Overview
Episode Title: Ninth Circuit Issues Landmark Religious Liberty Decision
Host: John Stonestreet, Colson Center
Date: January 8, 2026
Theme:
This episode unpacks a recent landmark decision from the Ninth Circuit Court of Appeals, which decisively affirms the right of religious organizations to hire staff in accordance with their beliefs. Host John Stonestreet explains the significance of this ruling not just for the parties directly involved, but for all faith-based organizations—especially concerning the ongoing tension between religious freedom and secular antidiscrimination laws.
Key Discussion Points and Insights
1. The Ninth Circuit’s Decision (00:15–02:40)
- On January 6, 2026, the Ninth Circuit decided Union Gospel Mission of Yakima vs. Brown, a case focusing on religious liberty in hiring.
- Key Ruling: Religious organizations have a constitutional right to hire according to their faith, even for non-ministerial positions, without government interference.
- Issue at Stake: Whether the government can force Christian organizations to employ individuals who openly reject their faith and mission. The court firmly said "no" ([00:55]).
- The backdrop: Union Gospel Mission was under threat from Washington State’s narrowing of religious exemptions in anti-discrimination law ([01:30]).
2. Protecting Religious Identity (02:40–04:05)
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The decision is not just about hiring—it's about preserving the religious mission and institutional identity.
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Quote from the court:
"Personnel is policy and who a religious organization hires may go to the very character of its religious mission."
(John Stonestreet quoting from the Ninth Circuit’s decision at 02:30) -
Compelling ministries to conform to secular norms risks erasing their distinctiveness and driving them out of the public sphere ([03:20]).
3. The Broader Impact and Context (04:05–05:30)
- This decision is notable due to the Ninth Circuit’s jurisdiction, which includes progressive states like Washington, Oregon, and California, typically more hostile to faith-based organizations ([04:20]).
- The court’s evolving makeup now features more judicial conservatives, including Judge Patrick Bumatay, the opinion’s author—attributed to recent appointments from the Trump administration ([04:50]).
4. Limits and Clarifications (05:30–06:15)
- The ruling does not grant religious groups blanket immunity from all employment laws, nor does it generally apply to for-profit businesses or hospitals ([05:35]).
- It strictly affirms religious ministries’ right to make personnel decisions flowing from their convictions—even when those conflict with prevailing secular norms ([05:50]).
5. The Principle of Religious Liberty in American Life (06:15–07:50)
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Stonestreet reminds listeners that faith is personal but not private; religious liberty protects public religious exercise, not just private belief ([06:35]).
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The First Amendment safeguards the ability to build and operate organizations devoted to living out faith-driven values in public life ([07:00]).
- Notable Quote:
"Religious liberty doesn't just protect our right to believe in the privacy of our own heads... The First Amendment protects religious exercise: the active, practical living out of one's deepest held convictions."
(John Stonestreet, 06:55)
- Notable Quote:
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The importance of faith-based organizations serving critical social needs, often where others do not go, is essential for a healthy society ([07:20]).
Notable Quotes & Memorable Moments
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On religious organizations' identity:
"Personnel is policy and who a religious organization hires may go to the very character of its religious mission."
(Ninth Circuit Court, quoted by John Stonestreet, 02:30) -
On the essence of religious liberty:
"Religious liberty doesn't just protect our right to believe in the privacy of our own heads, our own hearts, our own homes, or even our own houses of worship. The First Amendment protects religious exercise—the active, practical living out of one's deepest held convictions..."
(John Stonestreet, 06:55) -
On the risks of government overreach:
"Whenever ministries are forced to dilute their convictions just to comply with secular norms, they cease to be who they are."
(John Stonestreet, 03:12)
Important Timestamps
- 00:15: Case introduction and significance
- 01:30: Background on Washington State’s policies and Union Gospel Mission’s concerns
- 02:30: Court’s rationale and quote on personnel as policy
- 03:20: Concern about ministries being driven from the public square
- 04:20: Ninth Circuit’s broader context and political climate
- 05:35: Stonestreet clarifies the ruling's limits
- 06:35: Distinction between private belief and public religious exercise
- 07:20: Societal contributions of faith-based nonprofit organizations
Tone & Closing Thoughts
True to the Colson Center’s worldview-focused style, Stonestreet’s tone is both analytical and celebratory. He frames the episode as a hopeful start to the year for religious liberty, underscoring the unique role of faith organizations in society and the need for vigilance in safeguarding their freedom.
"Already here in 2026, we have something to be thankful for—a decision that understands the essential role these organizations play and the essential role that faith and morals play in making these organizations what they are."
(John Stonestreet, 07:30)
