Alliance Defending Freedom Appeals Oregon Ministry Funding Case to 9th Circuit

Alliance Defending Freedom (ADF) attorneys have escalated their legal battle on behalf of Youth 71Five Ministries, an Oregon-based youth organization, by filing a notice of appeal to the U.S. Court of Appeals for the 9th Circuit. This move comes after a lower court dismissed their case against Oregon state officials who revoked previously approved grant funding from the ministry due to its requirement that employees and volunteers sign a statement of faith.

What is Alliance Defending Freedom? 

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, marriage and family, and the sanctity of life.

Alliance Defending Freedom Church & Ministry Alliance, a branch of Alliance Defending Freedom, offers specialized legal assistance and advocacy for religious organizations. This division focuses on protecting the rights of churches and faith-based groups to practice their beliefs freely, helping them address legal issues, and safeguarding their religious liberties from government interference.

Youth 71Five Ministries v. Williams involves 71Five Ministries, which serves at-risk youth in the Rogue Valley area.

In 2021, Youth 71Five Ministries submitted the highest-rated application for Oregon’s Youth Violence and Gang Prevention grant. The organization’s success continued into the 2023-2025 grant cycle, with the state initially approving multiple grant applications totaling over $400,000 in funding for 71Five.

However, the situation took an unexpected turn three months after the initial approval. An Oregon state official contacted 71Five’s executive director to inform him that the ministry had been disqualified from receiving the funds. The reason cited was the organization’s requirement for employees and volunteers to sign a statement of faith.

In a reply brief, Alliance Defending Freedom attorneys argued for a preliminary injunction on behalf of Youth 71Five Ministries, contending that Oregon’s actions were neither neutral nor generally applicable. They pointed out that the state maintains a system of individualized exemptions, allowing discretionary decisions about which requirements can be negotiated or waived. Alliance Defending Freedom attorneys argued that the state treated comparable secular activity more favorably, awarding over $1.5 million to organizations that openly discriminate in their services based on characteristics like race, ethnicity, and gender.

The brief contended that the state violated the church autonomy doctrine by interfering with 71Five’s right to select ministerial employees and volunteers and prohibiting the ministry from preferring coreligionists even for non-ministerial positions. It also argued that the state violated 71Five’s right to expressive association by forcing it to include people who may not share or be able to effectively communicate its religious message.

In a statement on Alliance Defending Freedom Media, ADF Senior Counsel Jeremiah Galus said Oregon state officials are punishing 71Five because it’s a Christian ministry that simply and reasonably asks volunteers and staff to agree to Christian beliefs.

“By stripping 71Five of its funding, Oregon is putting religious ministries to an impossible choice: hire those who reject your beliefs to receive funding that everyone else can access or go without the funding. We will be urging the 9th Circuit to follow U.S. Supreme Court precedent that upholds the First Amendment freedom of faith-based organizations to hire like-minded individuals,” Galus said.

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