Seattle Pacific University v. Robert Ferguson

INTRODUCTION

The merits of this lawsuit involve yet another clash between a state anti-discrimination law and the First Amendment. But this appeal presents an antecedent question—whether the federal courts may pass on this important issue before the Attorney General commences an enforcement action. Seattle Pacific University (“SPU”) is a religious university that prohibits employees from engaging in same-sex intercourse and marriage. After receiving a slew of complaints, the Washington Attorney General sent SPU a letter alerting it to an investigation under the Washington Law Against Discrimination (“WLAD”) and requesting documents related to employment policies, employee complaints, and employee job descriptions. In response, SPU filed suit against the Washington Attorney General to enjoin the investigation and any future enforcement of the WLAD. The question is whether the district court has jurisdiction to hear this case. Based on a lack of redressability and Younger abstention, the district court granted the Attorney General’s motion to dismiss. We affirm in part and reverse in part. We conclude that SPU has standing to bring certain claims and that Younger abstention does…