Why would a pro-life pregnancy center or pro-life anything hire anyone who supports abortion?
The district court here declined to apply strict scrutiny because it decided that the burden on Evergreen’s expressive association rights was incidental rather than severe. That determination was erroneous. After weighing all reasonable inferences in Evergreen’s favor, we conclude that Evergreen plausibly alleged that § 203-e imposes severe burdens on Evergreen’s right to freedom of expressive association.
Belz also stressed that no one should force an organization to hire anyone with views opposite to its principles: “That would be a contradiction and expose the organization to accusations of hypocrisy. That is true across the board for all types of groups. For example, a parochial school should not be forced to employ an atheist as a teacher, and an animal shelter should not have to hire an adoption facilitator who hates dogs.
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