News Release
For Immediate Release: 8.22.25
Contact: Natalie Konstans, media@firstliberty.org
Direct: 972-941-4454
Ninth Circuit Hears Oral Argument on Behalf of Flight Attendants Fired for Their Faith
Two Alaska Airlines flight attendants were censored and fired for their faith-based responses on company message board.
San Francisco, CA—Today, First Liberty Institute presented oral argument at the U.S. Court of Appeals for the Ninth Circuit on behalf 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 religious beliefs.
“Corporations like Alaska Airlines cannot violate the law and fire employees simply because they don’t like their religious beliefs,” stated Stephanie Taub, Senior Counsel at First Liberty Institute, who argued before the court. “Firing employees for mentioning that they hold traditional religious beliefs about gender is discrimination. Federal civil rights laws protect people of faith from discrimination by their employer or their union.”
In early 2021, Alaska Airlines announced its support for the Equality Act on an internal employee message board and invited employees to comment. Lacey posted a question, asking, “As a company, do you think it’s possible to regulate morality?” In the same forum, Marli asked, “Does Alaska support: endangering the Church, encouraging suppression of religious freedom, obliterating women rights and parental rights? ….” 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.
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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.
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