On January 9, NELA joined the Metropolitan Washington Employment Lawyers Association (MWELA) as amici in the 4th Circuit case, Doe v. Catholic Relief Services. The brief was written in support of John Doe, who was employed by Catholic Relief Services (CRS). CRS originally provided healthcare benefits to married spouses of employees, including LGTBQ+ couples. CRS later terminated health insurance coverage for John Doe’s husband, citing their religious objection to gay marriage. Doe sued CRS claiming sex and sexual orientation discrimination under the Maryland Fair Employment Practices Act (MFEPA), sex discrimination under the Maryland Equal Pay for Equal Work Act (MEPEWA), Title VII, the federal Equal Pay Act, and retaliation. The district court granted summary judgment for Doe on his federal claims, holding that his suit was not barred by the doctrine of church autonomy nor by the Religious Freedom Restoration Act (RFRA).
Our brief echoes the previous brief NELA and MWELA drafted in Zinski v. Liberty University. In both cases, a religious employer engaged in adverse employment action against members of a protected class. Both religious employers defended their actions on religious grounds, arguing that their decisions were made on the basis of religion and not protected class. Our brief examines the longstanding jurisprudence surrounding the exemptions provided to religious employers under Title VII, RFRA and various state laws. As the brief notes: “Title VII’s plain language demonstrates that the exemptions for religious employers permit discrimination on the basis of religion, not sex. Under the controlling analysis in Bostock v. Clayton Cnty., Georgia, 590 U.S. 644 (2020), CRS’s discrimination in this case is based on sex, not religion.” The brief further examines the appropriate standard of review for all of the laws implicated, correctly arguing them to be neutral and thus subject to rational basis review rather than strict scrutiny.
We are grateful to Carolyn L. Wheeler (Katz Banks Kumin, DC) and her entire team for their powerful brief.
