A federal appeals court ruled Wednesday that two former Alaska Airlines flight attendants who were fired after expressing religious objections to the Equality Act can move forward with their religious discrimination claims, marking a major victory for workplace religious liberty protections.
In 2021, Alaska Airlines publicly announced support for the Equality Act and invited employees to comment on its company forum. The Equality Act is a Democrat-sponsored bill, introduced in each of the last several Congresses, that purports to protect people from discrimination based on gender and sexual identity. But as free-speech and religious liberty advocates have warned, the bill would effectively criminalize dissent against left-wing LGBTQ+ ideology, running afoul of the First Amendment.
Flight attendants Marli Brown and Lacey Smith, both Christians, posted comments on the airline’s forum expressing concern about the legislation. Brown wrote that the Equality Act would negatively impact women, girls, and people of faith, while Smith asked, “As a company, do you think it’s possible to regulate morality?”
Alaska Airlines terminated both employees, claiming their comments were “hateful [and] offensive,” and violated anti-discrimination and anti-harassment policies. Brown and Smith also alleged that their flight attendants’ union discriminated against them because of their religious beliefs.
Brown and Smith sued Alaska Airlines for religious discrimination under Title VII and state anti-discrimination laws. A district court initially sided with Alaska Airlines and the flight attendants’ union, but the Ninth Circuit reversed that decision this week.
In its opinion, the Ninth Circuit explained, “The issue here is instead a factual one of whether Brown was in fact fired for engaging in discrimination or harassment, or whether Alaska instead used the cover of its employee policies to fire Brown because of her religious beliefs.”
The court continued: “The fact that Brown was terminated after posting a facially religious statement, by a company (and cooperating union) that understood the religious basis for the post, provides the initial grounding for a genuine dispute of material fact.”
In a significant win for religious liberty, the court concluded that Brown’s comments were openly religious, company officials understood them as such, and she was subsequently fired. Therefore, a jury should be allowed to decide whether Alaska Airlines unlawfully discriminated against her faith.
Stephanie Taub, Senior Counsel at First Liberty Institute, argued before the court back in August 2025. “The Ninth Circuit’s decision today reinforces that federal civil rights laws protect people of faith from discrimination by their employer or their union,” she said. “You cannot be fired because your employer does not like your religious beliefs.”
While the case isn’t over, the Ninth Circuit’s ruling sends a clear message that Americans do not surrender their religious convictions when they enter the workplace. By allowing Brown and Smith’s claims to proceed, a jury – not a corporation – will decide whether the employees were wrongfully punished for expressing their religious beliefs.
At a time when religious liberty and freedom of expression are increasingly under attack from left-wing censors and activists, the Ninth Circuit’s decision stands as a reminder that faith remains a protected right under federal law – not something employees must set aside to keep their jobs.
Lillian Ferrell is a senior at Hillsdale College studying English and music. She has experience in journalism and podcasting as the host of the Grace Over Grind podcast. Her written work focuses on American politics, culture, and public policy.
