Ninth Circuit Decision Highlights Disparities in Funding for Religious Organizations

In a recent ruling, the Ninth Circuit has granted an injunction pending appeal to Youth 71Five Ministries (71Five), a Christian organization in Medford, Oregon, that provides mentorship to at-risk youth. The court's decision underscores concerns regarding Oregon's application of its non-discrimination policy, which has allowed secular organizations to receive funding despite practices that discriminate based on race and gender. In contrast, 71Five, which hires only individuals who share its Christian faith, has had its funding revoked. The ruling emphasizes the First Amendment's Free Exercise Clause, which mandates equal treatment for secular and religious groups. The court found that Oregon's funding practices are not neutral, as the state continues to support secular organizations that violate the same non-discrimination principles it used to deny grants to 71Five. This selective enforcement raises questions about the state's commitment to its own policies. The Ninth Circuit's decision aligns with previous rulings, such as one involving the Fellowship of Christian Athletes, where the court ruled against the unequal enforcement of non-discrimination policies in public schools. The court noted that Oregon's actions must meet a high standard of scrutiny, requiring that any burden on religious exercise be both neutral and generally applicable. Ultimately, the court suggested that Oregon's Certification Rule may not be sufficiently tailored to serve its stated interests, indicating a potential legal challenge to the state's funding practices and their implications for religious organizations.