Golden State Today

California Attorney General Rob Bonta, along with 20 other attorneys general, has filed an amicus brief in support of LGBTQ+ rights in the workplace. The brief was submitted to the U.S. Court of Appeals for the Ninth Circuit concerning the case McMahon v. World Vision, Inc. This legal action arose after World Vision rescinded a job offer to Aubry McMahon upon learning she was in a same-sex marriage.

Attorney General Bonta emphasized the importance of protecting workers from discrimination, stating: "No one should be denied employment simply because of who they are or who they love." He urged the Ninth Circuit to uphold the lower court's decision favoring McMahon and reaffirmed his commitment to opposing discrimination.

McMahon's lawsuit against World Vision is based on Title VII and Washington State law, citing sex, sexual-orientation, and marital status discrimination. Although World Vision claims exemption from these laws under First Amendment rights and ministerial exception, a district court ruled in favor of McMahon. The ruling denied World Vision’s motion for summary judgment while granting McMahon’s motion for summary judgment. World Vision has since appealed this decision.

The coalition's amicus brief argues that eliminating sex discrimination in employment is a compelling government interest and that existing statutes like Title VII are appropriately tailored to achieve this goal. It also contends that the First Amendment right of expressive association does not apply in this employer-employee context and warns that accepting World Vision's argument could undermine employment discrimination laws.

Attorney General Bonta is joined by attorneys general from Massachusetts, Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Vermont, Washington state and Wisconsin as well as the District of Columbia.

A copy of the amicus brief can be accessed online.