State backs down on work-study ban against religious kids

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The state of Washington has revamped its rules for a work study program for students after its discrimination against religious groups and organizations was challenged in court.

The Institute for Justice says the rule changes mean the lawsuit brought by Summit Christian Academy and the Young Americans for Freedom Club likely will be dropped.

"The new regulations are a boon for college students throughout Washington," said IJ senior attorney Michael Bindas. "They will greatly expand employment options for work study students, especially in fields such as education, healthcare, and social services – fields in which religious employers play a large and important role. The Student Achievement Council should be commended for adopting them."

The new rules will allow students in the state's Work Study Program to accept jobs with religiously affiliated employers.

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"The new regulations were adopted in response to a 2018 lawsuit challenging the state’s former prohibition on religious options in the Work Study Program. That lawsuit was filed by the Institute for Justice on behalf of Summit Christian Academy, a private elementary and secondary school in Spokane, as well as the Young Americans for Freedom Club at Whitworth University," IJ said.

Washington state's work study program offers financial aid to low- or middle-income students for college.

They work in jobs related to their field of study and their pay is subsidized.

But Washington excluded jobs with employers that the government deemed overtly religious.

"For instance, a student majoring in environmental science could work at the Washington State Department of Natural Resources and a business student could work at Amazon, but a student majoring in social work could not feed the homeless at a church’s soup kitchen. Nor could an education major work at a religious elementary or secondary school such as Summit Christian, which was rejected as a work study employer in 2015 simply because it is religious," IJ said.

"In fact, the 'sectarian' exclusion in the Work Study Program even prevented students at religious colleges, such as Whitworth, from working for their own schools. While their counterparts at secular colleges, public and private, were perfectly free to pursue work study on campus, students at religious colleges were forced to travel off-site to take advantage of the program."

Bindas explained: "The U.S. Constitution requires government to be neutral, not hostile, toward religion. That means government must afford work study students the choice of whether to work for non-religious or religious employers. The government doesn’t get to make that choice for them."

The new rules allow students to take jobs with religious groups as long as the jobs are not directly leading religious worship or instruction.

Summit Christian principal Wes Evans celebrated the new regulations.

"Being able to employ Washington’s outstanding college students as tutors and aids will be a great boost to the educational experience and achievement of the pre-K through 12th-grade students who attend the state’s many religious schools. We are excited and blessed at Summit Christian Academy to now have this opportunity of partnering with these talented college students," Evans said.

Officials said that because of the rule changes, Summit and YAF likely will voluntarily dismiss their lawsuit.

The case was pending in U.S. District Court for the Western District of Washington.