South Carolina Attorney General Alan Wilson has joined a coalition of state attorneys general in support of religious organizations’ autonomy over their missions and employment practices. The group filed an amicus brief with the U.S. Court of Appeals for the Fourth Circuit, challenging a recent decision by the Maryland Supreme Court that narrowed exemptions for religious groups under Maryland’s employment discrimination law.
The Maryland law prohibits employment discrimination but includes an exemption for religious organizations. The state’s highest court recently limited this exemption to employees who “directly further” a religious organization’s “core mission.” This change requires secular courts to determine what constitutes a faith’s core mission and which employees are essential to it.
“I will always protect religious liberty, and the courts have no place telling church leaders who they can and cannot hire based on judges’ interpretation of who’s following the church’s mission closely enough,” Attorney General Wilson said.
The case was brought by the General Conference of Seventh Day Adventists and Adventist Risk Management, Inc., both of which require all employees to be members in good standing with the Church. They argue that every employee contributes to advancing their religious mission, but say that Maryland’s new rule could allow judges to second-guess these hiring decisions.
The amicus brief contends that such judicial involvement violates both Religion Clauses of the First Amendment. It states that the Free Exercise Clause protects religious groups’ right to define their own faith and mission, while the Establishment Clause prevents government from becoming involved in internal church matters. The brief also notes that even potential lawsuits could pressure organizations into making choices based on legal concerns rather than religious beliefs.
Attorney General Wilson is joined in this effort by Virginia Attorney General Jason Miyares as well as attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Dakota, Texas, Utah, and West Virginia.
