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 a friend-of-the-court brief with the U.S. Court of Appeals for the Fourth Circuit, challenging a recent interpretation by the Maryland Supreme Court regarding employment discrimination law.
The case centers on a Maryland statute that prohibits employment discrimination but provides an exemption for religious organizations. The Maryland Supreme Court recently narrowed this exemption, stating it applies only to employees who “directly further” the organization’s “core mission.” This change would require 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 dispute began when the General Conference of Seventh Day Adventists and Adventist Risk Management, Inc. challenged Maryland’s restrictive interpretation. These organizations require all employees to be Church members in good standing as part of their belief that each employee advances their religious mission. Under Maryland’s new rule, this practice could be subject to judicial review about which roles are sufficiently connected to the organization’s purpose.
According to the amicus brief, such judicial involvement infringes on protections found in the Religion Clauses of the First Amendment. The Free Exercise Clause supports religious groups’ rights to define their own faith and mission, while the Establishment Clause prevents government interference in internal ecclesiastical matters. The brief also notes that even potential litigation may deter organizations from making decisions based on their beliefs due to concerns about legal exposure.
Attorney General Wilson was joined by Virginia Attorney General Jason Miyares and 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 in submitting this brief.
Read the brief here.
