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Adventist Church Sues Maryland Over Religious “Hiring Rights”

The Seventh-day Adventist Church has filed a federal lawsuit against Maryland, challenging the state’s fair employment law that they claim prevents religious organizations from hiring and firing employees based on religious beliefs.

The lawsuit, filed Wednesday in U.S. District Court in Baltimore, states that the Silver Spring-headquartered church exclusively employs church members who follow its religious standards, including prohibitions on alcohol, drugs, “adultery and homosexual practices.”

The legal challenge stems from the Maryland Supreme Court’s August 2023 interpretation of the Maryland Fair Employment Practices Act. The court’s ruling narrowed a previous exemption for religious organizations, limiting their ability to consider religion in hiring decisions only for employees who “directly further the core mission” of the organization.

The church argues this interpretation violates their constitutional rights, as they require all employees to be church members in good standing, regardless of their role. This requirement applies to both traditional religious positions like pastors and ministers, as well as support staff such as IT personnel and maintenance workers.

According to the lawsuit, the church expects employees to follow specific personal conduct standards, including abstaining from tobacco and “immoral conduct including but not limited to engaging in pornographic activities, child sexual abuse, incest, fornication, adultery and homosexual practices.” The organization states these requirements are typically posted in job listings or communicated early in the application process, with violations serving as grounds for termination.

The church’s legal team contends that Maryland’s prohibition of such employment practices violates the First Amendment’s protection of religious freedom and speech. They argue the law creates “excessive government entanglement with the Church’s internal religious decision-making.”

The lawsuit names Democratic Maryland Attorney General Anthony Brown and members of the state’s Commission on Civil Rights as defendants. These offices received enhanced enforcement authority through legislation that took effect July 1. Brown’s office has declined to comment on the litigation, while Cleveland L. Horton II, executive director for the civil rights commission, has not responded to requests for comment.

When Governor Wes Moore signed the enforcement legislation in May 2023, Brown emphasized its importance, stating, “This legislation provides the tools needed by the Office of the Attorney General to root out discrimination and bring enforcement actions on behalf of Marylanders whose civil rights have been violated.” Brown added that his office would “actively defend employees’ rights” and ensure access to various opportunities, asserting that “no one should suffer discrimination in Maryland.”