Two flight attendants were fired for what they believe. The Ninth Circuit just said a jury gets to hear them.

Pacific Justice Institute
Airliner in flight
Court Victory · Ninth Circuit
Religious freedom does not end at the workplace.

Friend,

I have good news to share with you.

The U.S. Court of Appeals for the Ninth Circuit has revived a religious discrimination lawsuit against Alaska Airlines and the Association of Flight Attendants-CWA — ruling that two former flight attendants presented enough evidence for a jury to decide whether they were fired because of their sincerely held Christian beliefs.

Here is how it started. Alaska Airlines posted a message on its internal employee message board supporting the proposed Equality Act. Two flight attendants, Marli Brown and Lacey Smith, replied.

According to the court’s opinion, Brown raised concerns that the legislation threatened religious liberty and conscience protections. Smith asked whether “it’s possible to regulate morality.”

After an internal investigation, both women were terminated. A district court threw out their claims. That is where most cases like this quietly end.
What the court found in their internal messages
An attorney in Alaska Airlines’ legal department wrote: “Employees actually do not have the right to believe that LGBTQ rights are ‘immoral.’”
A company vice president replied: “I 100% agree.”
Union officials called an employee a “bigot,” said “there should be repercussions,” and wrote that management needed to send her “packing.”
Another union official wrote: “Can we PLEASE get someone to shut down comments, or put Marli and Lacey in a burlap bag and drop them in a well.”

The Ninth Circuit reversed the lower court and sent the case back for trial. It held that a reasonable jury could conclude Alaska Airlines fired Brown because of her religious beliefs rather than for violating company policy — and that a jury may weigh those internal messages when deciding whether unlawful religious discrimination occurred.

Marli and Lacey are represented by First Liberty Institute, which serves as counsel of record. Pacific Justice Institute came alongside them by filing an amicus brief — authored by our attorney Katherine Hartley — arguing that Title VII of the Civil Rights Act of 1964 protects workers from religious discrimination on the job.

“No American should have to choose between keeping a job and remaining faithful to sincerely held religious beliefs. The Ninth Circuit rightly recognized that these employees deserve the opportunity to present their claims before a jury. Religious freedom does not end at the workplace, and employers must respect the rights guaranteed under federal law.”
“This decision reaffirms that Title VII protects employees from religious discrimination and that courts must carefully examine whether an employer’s stated reasons for termination are genuine or merely a pretext for discrimination. We are grateful the Ninth Circuit recognized that these important issues deserve to be decided by a jury.”
Katherine Hartley · PJI Attorney, author of PJI’s amicus brief
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Why this victory matters

A ruling like this does more than help two women. It tells every employer in the Ninth Circuit that a worker’s faith is not a fireable offense, and it gives the next believer who speaks up a precedent to stand on.

That is why PJI files amicus briefs in cases like this one. We put the constitutional argument in front of the judges who need to hear it — at no cost to the people whose rights are on the line.

The case now returns to the district court. The fight is not over.

Will you help us stay in the fight?

For nearly three decades, Pacific Justice Institute has defended religious liberty, parental rights, and free speech — free of charge to the families and workers who need it. We believe justice should never depend on a person’s ability to afford a lawyer.

Every brief we file is paid for by friends like you. Your gift today puts the next argument in front of the next court.
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Running the Race,
Brad Dacus
Brad Dacus
Founder and President
Pacific Justice Institute
P.S. Marli and Lacey will finally get to tell a jury what happened to them. Help us make sure the next believer who is punished for their faith has someone in their corner — please give today.
Stand with workers of faith.
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