News Release
For Immediate Release: 6.24.26
Contact: Natalie Konstans, media@firstliberty.org
Direct: 972-941-4454
Ninth Circuit Rules in Favor of Alaska Airlines Flight Attendants Fired for Their Faith
Court remands case for trial, finding sufficient evidence that two Alaska Airlines flight attendants were fired for their religious beliefs.
San Francisco, CA—Today, the U.S. Court of Appeals for the Ninth Circuit ruled in favor of two flight attendants, Lacey Smith and Marli Brown, who were wrongfully terminated from their positions at Alaska Airlines, and discriminated against by the flight attendants’ union, because of their faith-based responses on an employee-only online network. The Court remanded the case for trial, holding that there was enough evidence for a jury to find that the Airline and the Union discriminated against them because of their religious beliefs or practices.
You can read the opinion here.
“We are grateful the court recognized the clear evidence of religious discrimination against Marli and Lacey by both Alaska Airlines and the flight attendants’ union,” said Stephanie Taub, Senior Counsel at First Liberty Institute, who 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. You cannot be fired because your employer does not like your religious beliefs.”
In the opinion, judges write in regards to Brown, “Indeed, Alaska was fully aware that some would object to the Equality Act for religious reasons. That Alaska created a forum for employee discussion on controversial issues, then fired Brown after she made religious objections of the kind Alaska anticipated, provides a further reason for regarding this case as presenting a genuine dispute of fact on the reason for Brown’s termination.”
About Smith’s claim the judges conclude, “After initially treating Smith’s post as sufficiently legitimate to warrant a measured response from the company on Alaska’s World, Smith’s Notice of Discharge changed tunes and asserted that Smith’s single-line comment, offered in the form of a question, was ‘offensive’ and ‘discriminatory,’ going so far as to characterize it as speech ‘that targets a group of individuals based on their legally protected characteristics.’ Once again, a reasonable jury could conclude that these descriptions of Smith’s post are overwrought or inaccurate, and thus pretextual, especially given that Smith made her comment in an open employee forum in which Alaska invited employees to explore ‘our differences.’”
In early 2021, Alaska Airlines announced its support for the proposed Equality Act on an internal employee network and invited employees to comment. Lacey Smith posted a question, asking, “As a company, do you think it’s possible to regulate morality?” In the same forum, Marli Brown posted a comment expressing her sincere religious beliefs that the proposed law would negatively impact women, girls, and people of faith. Both plaintiffs, who had exemplary records as employees, were subsequently investigated and fired from their jobs.
When it fired them, the Airline said the flight attendants’ comments were “discriminatory,” “hateful,” and “offensive.” In its notice of discharge to Ms. Smith, Alaska Airlines claimed, “Defining gender identity or sexual orientation as a moral issue” is “a discriminatory statement.” An Airline VP testified that Ms. Brown’s use of the phrase “opposite sex” was discriminatory because it implied there were only two sexes.
First Liberty Institute asked the appellate court to overturn the district court decision’s that granted summary judgment in favor of the Airline and the union, preventing Ms. Smith and Ms. Brown from trying their case before a jury, and they presented oral argument at the U.S. Court of Appeals for the Ninth Circuit in August 2025.
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About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact Natalie Konstans at media@firstliberty.org or by calling 972- 941-4454.
