Ohio Civil Rights Commission v. Dayton Christian Schools, Inc.
Ohio Civil Rights Commission v. Dayton Christian Schools, Inc.
Opinion of the Court
delivered the opinion of the Court.
Appellee Dayton Christian Schools, Inc. (Dayton), and various individuals brought an action in the United States District Court for the Southern District of Ohio under 42 U. S. C. § 1983, seeking to enjoin a pending state administrative proceeding brought against Dayton by appellant Ohio Civil Rights Commission (Commission). Dayton asserted that the Free Exercise and Establishment Clauses of the First Amendment prohibited the Commission from exercising jurisdiction over it or from punishing it for engaging in employment discrimination. The District Court refused to
Dayton is a private nonprofit corporation that provides education at both the elementary and secondary school levels. It was formed by two local churches, the Patterson Park Brethren Church and the Christian Tabernacle, and it is regarded as a “nondenominational” extension of the Christian education ministries of these two churches. Dayton’s corporate charter establishes a board of directors (board) to lead the corporation in both spiritual and temporal matters. App. 11. The charter also includes a section entitled “Statement of Faith,” which serves to restrict membership on the board and the educational staff to persons who subscribe to a particular set of religious beliefs. The Statement of Faith requires each board or staff member to be a born-again Christian and to reaffirm his or her belief annually in the Bible, the Trinity, the nature and mission of Jesus Christ, the doctrine of original sin, the role of the Holy Ghost, the resurrection and judgment of the dead, the need for Christian unity, and the divine creation of human beings. Id., at 5-6.
The board has elaborated these requirements to include a belief in the internal resolution of disputes through the “Bib
Linda Hoskinson was employed as a teacher at Dayton during the 1978-1979 school year. She subscribed to the Statement of Faith and expressly agreed to resolve disputes internally through the Biblical chain of command. In January 1979, she informed her principal, James Rakestraw, that she was pregnant. After consulting with his superiors, Rakestraw informed Hoskinson that her employment contract would not be renewed at the end of the school year because of Dayton’s religious doctrine that mothers should stay home with their preschool age children. Instead of appealing this decision internally, Hoskinson contacted an attorney who sent a letter to Dayton’s superintendent, Claude Schindler, threatening litigation based on state and federal sex discrimination laws if Dayton did not agree to rehire Hoskinson for the coming school year.
Upon receipt of this letter, Schindler informed Hoskinson that she was suspended immediately for challenging the nonrenewal decision in a manner inconsistent with the internal dispute resolution doctrine. The board reviewed this decision and decided to terminate Hoskinson. It stated that the sole reason for her termination was her violation of the internal dispute resolution doctrine, and it rescinded the earlier nonrenewal decision because it said that she had not received adequate prior notice of the doctrine concerning a mother’s duty to stay home with her young children.
Hoskinson filed a complaint with appellant Ohio Civil Rights Commission (Commission), alleging that Dayton’s
The Commission eventually determined that there was probable cause to believe that Dayton had discriminated against Hoskinson based on her sex and had retaliated against her for attempting to assert her rights in violation of §§ 4112(A) and (I). Pursuant to Ohio Rev. Code Ann. § 4112.05(B) (Supp. 1985), it sent Dayton a proposed Conciliation Agreement and Consent Order that would have required Dayton to reinstate Hoskinson with backpay, and would have prohibited Dayton from taking retaliatory action against any employee for participating in the preliminary investigation. The Commission warned Dayton that failure to accede to this proposal or an acceptable counteroffer would result in formal administrative proceedings being initiated against it. When Dayton failed to respond, the Commission initiated administrative proceedings against it by filing a complaint. Dayton answered the complaint by asserting that the First Amendment prevented the Commission from exercising jurisdiction over it since its actions had been taken pursuant to sincerely held religious beliefs. App. 103.
While these administrative proceedings were pending, Dayton filed this action against the Commission in the United States District Court for the Southern District of Ohio under 42 U. S. C. § 1983, seeking a permanent injunction against the state proceedings on the ground that any investigation of Dayton’s hiring process or any imposition of sanctions for Dayton’s nonrenewal or termination decisions would violate
Without addressing the abstention argument, the District Court refused to issue the injunction. 578 F. Supp. 1004 (1984). The Court of Appeals for the Sixth Circuit reversed, as previously noted, holding that the exercise of such jurisdiction would violate both the Free Exercise Clause and the Establishment Clause of the First Amendment. 766 F. 2d 932 (1985).
We hold that we have appellate jurisdiction under 28 U. S. C. § 1254(2) to review the decision of the Court of Appeals. That statute authorizes an appeal to this Court “by a party relying on a State statute held by a court of appeals to be invalid as repugnant to the Constitution.” This authority embraces cases holding a state statute unconstitutional as applied to the facts of the case. Dutton v. Evans, 400 U. S. 74, 76, n. 6 (1970). Here there is no doubt that the decision by the Court of Appeals satisfies this test. The court expressly held that Ohio Rev. Code Ann. §4112.02 et seq. (Supp. 1985) is repugnant to the Free Exercise and Establishment Clauses as applied to authorize the administrative body to investigate the charges against Dayton and to decide whether to impose sanctions. See 766 F. 2d, at 935, n. 5, 944, 955, 961.
Having taken jurisdiction over the decision below, we now turn to whether the District Court should have exercised jurisdiction over the case itself. We conclude that the District Court should have abstained from adjudicating this case under Younger v. Harris, 401 U. S. 37 (1971), and later cases.
In Younger v. Harris, supra, we held that a federal court should not enjoin a pending state criminal proceeding except in the very unusual situation that an injunction is necessary to prevent great and immediate irreparable injury. We justified our decision both on equitable principles, id., at 43, and on the “more vital consideration” of the proper respect for the fundamental role of States in our federal system. Id., at
“perfectly natural for our cases to repeat time and time again that the normal thing to do when federal courts are asked to enjoin pending proceedings in state courts is not to issue such injunctions.” Id., at 45 (emphasis added).
We have since recognized that our concern for comity and federalism is equally applicable to certain other pending state proceedings. We have applied the Younger principle to civil proceedings in which important state interests are involved. Huffman v. Pursue, Ltd., 420 U. S. 592 (1975); Juidice v. Vail, 430 U. S. 327 (1977); Trainor v. Hernandez, 431 U. S. 434 (1977); Moore v. Sims, 442 U. S. 415, 423 (1979). We have also applied it to state administrative proceedings in which important state interests are vindicated, so long as in the course of those proceedings the federal plaintiff would have a full and fair opportunity to litigate his constitutional claim. We stated in Gibson v. Berryhill, 411 U. S. 564, 576-577 (1973), that “administrative proceedings looking toward the revocation of a license to practice medicine may in proper circumstances command the respect due court proceedings.” Similarly, we have held that federal courts should refrain from enjoining lawyer disciplinary proceedings initiated by state ethics committees if the proceedings are within the appellate jurisdiction of the appropriate State Supreme Court. Middlesex County Ethics Committee v. Garden State Bar Assn., 457 U. S. 423 (1982). Because we found that the administrative proceedings in Middlesex were “judicial in nature” from the outset, id., at 432-434, it was not essential to the decision that they had progressed to state-court review by the time we heard the federal injunction case.
The judgment of the Court of Appeals is therefore reversed, and the case remanded for further proceedings consistent with this opinion.
It is so ordered.
We think that any ripeness challenge to appellees’ complaint is foreclosed by Steffel v. Thompson, 415 U. S. 452 (1974), and Doran v. Salem
The lower courts have been virtually uniform in holding that the Younger principle applies to pending state administrative proceedings in which an important state interest is involved. See, e. g., Williams v. Red
The application of the Younger principle to pending state administrative proceedings is fully consistent with Patsy v. Florida Board of Regents, 457 U. S. 496 (1982), which holds that litigants need not exhaust their administrative remedies prior to bringing a § 1983 suit in federal court. Cf. Huffman v. Pursue, Ltd., 420 U. S. 592, 607-611 (1975). Unlike Patsy, the administrative proceedings here are coercive rather than remedial, began before any substantial advancement in the federal action took place, and involve an important state interest.
Concurring Opinion
with whom Justice Brennan, Justice Marshall, and Justice Blackmun join, concurring in the judgment.
Appellee Dayton Christian Schools, Inc. (School), employed Mrs. Linda Hoskinson as a teacher. Shortly after
After her termination, Mrs. Hoskinson filed a sex discrimination charge against the School with appellant Ohio Civil Rights Commission. The Commission investigated her charge and, upon finding probable cause to believe that the School had violated §4112.02 of the Ohio Revised Code,
In the District Court, the School argued that the Ohio anti-discrimination .statute violates the First Amendment Religion Clauses as applied to sectarian schools.
The Court of Appeals reversed. 766 F. 2d 932 (CA6 1985). It recognized that the School “challenge^] only the [Commission’s] exercise of jurisdiction and its issuance of the complaint in this case.” Id., at 950, n. 31. It further acknowledged that “an order of reinstatement or backpay is not at issue in this case.” Ibid. It nevertheless determined that the “chilling knowledge” that the School’s selection criteria for teachers “will be reevaluated, and, perhaps, adjusted by the state applying secular criteria” placed an impermissible burden on appellees’ religious freedoms. Ibid. Looking into the future, the Court of Appeals also concluded that the
Like the majority, I agree with the District Court that neither the investigation of certain charges nor the conduct of a hearing on those charges is prohibited by the First Amendment: “the Commission violates no constitutional rights by merely investigating the circumstances of Hoskinson’s discharge in this case, if only to ascertain whether the ascribed religious-based reason was in fact the reason for the discharge.” Ante, at 628.
I further agree with the District Court that any challenge to a possibly intrusive remedy is premature at this juncture. As the majority points out, ante, at 629, the Commission recognizes religious justifications for conduct that might otherwise be illegal. Thus, although §4112.02 forbids discrimination on the basis of religion, the Commission has dismissed complaints alleging religious discrimination by religious educational institutions, see Menz v. St. Pius School, No. 3823 (1983), and in particular has dismissed complaints by teachers against sectarian schools for limiting employment to instructors who subscribe to the appropriate faith, see In re St. Michael’s School, No. 2726 (1976); In re St. Mary of the Falls, No. 948 (1975). It bears emphasis that the Commission dismissed these complaints only after investigating charges of discrimination, finding probable cause that the statute had been violated, and holding a hearing on the complaint. It therefore follows that the Commission’s finding of probable cause and decision to schedule a hearing in this case does not also mean that the Commission intends to impose any sanction, let alone a sanction in derogation of the First Amendment’s Religion Clauses. In view of this fact, the District
That section provides, in part:
“§ 4112.02 Unlawful discriminatory practices.
“It shall be an unlawful discriminatory practice:
“(A) For any employer, because of the race, color, religion, sex, national origin, handicap, age, or ancestry of any person, to discharge without just cause, to refuse to hire, or otherwise to discriminate against that person with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment.” Ohio Rev. Code Ann. §4112.02 (Supp. 1985).
The School also argued that § 4112.02 of the Ohio Revised Code is unconstitutional on its face. The District Court held the section to be neither overbroad nor void for vagueness. Because the Court of Appeals invalidated the section as applied to the School, it did not address appellees’ facial attack. The School no longer presses the argument that the statute is unconstitutional on its face.
“In permitting the [Commission] to exercise jurisdiction over the instant controversy, the Court has in no way determined either that the full force of [the Commission’s] jurisdiction under [Ohio Revised Code] Chapter 4112 can be brought to bear on [Dayton Christian Schools] without imper-missibly burdening [appellees’] first amendment rights or, even with respect to the present controversy, that any remedy deemed appropriate by the [Commission] should they find [Dayton Christian Schools] liable, would necessarily present no further first amendment problems. However, because many of the concerns voiced by [appellees] about state encroachment on their religious freedoms remain as yet only possibilities, they cannot serve as the basis for the issuing of a permanent injunction against the [Commission].” 578 F. Supp., at 1041.
1 fully agree with the majority’s general statement that “a reasonable threat of prosecution for conduct allegedly protected by the Constitution gives rise to a sufficiently ripe controversy.” Ante, at 626, n. 1 (citation omitted). Thus, when the constitutional challenge is to the arrest and initiation of criminal proceedings — as was the case with the pamphleteer in Steffel v. Thompson, 415 U. S. 452, 458-460 (1974), and the operators of the bars in Doran v. Salem Inn, Inc., 422 U. S. 922, 930-931 (1975) — a “reasonable threat” of arrest and prosecution is sufficient to make the controversy ripe for judicial review. For purposes of this ease, it follows from Steffel and Doran that appellees’ First Amendment challenge to the Commission’s decision to investigate and adjudicate a charge of sex discrimination against the School is ripe, because the investigation has been completed and the matter set for hearing.
However, it does not follow that a challenge to whatever remedy might ultimately be fashioned (should liability be established and relief ordered) is ripe merely upon a showing of a “reasonable threat” that proceedings will commence. Doran and Steffel do not suggest this result, for they did not address the constitutionality of possible remedies for the conduct prosecuted in those eases. In view of the absence of any finding of liability in this case, and the Commission’s demonstrated willingness to tailor remedies to accommodate the exercise of religious freedoms, there is plainly no “reasonable threat” that an overly intrusive remedy will trench on appel-lees’ First Amendment rights. To hold otherwise would require the District Court to detail the constitutionally permissible range of the Commission’s sentencing discretion in advance of any facts regarding the School’s discriminatory conduct or any explanation by the Commission justifying the relief it might fashion. Either or both of these items of information would inform the First Amendment analysis and might prove decisive in determining the constitutionality of the Commission’s hypothesized remedy.
1 do not agree with the majority that the doctrine of abstention associated with Younger v. Harris, 401 U. S. 37 (1971), required the District Court to dismiss appellees’ complaint. That disposition would presumably deny the School a federal forum to adjudicate the constitutionality of a provisional administrative remedy, such as reinstatement pending resolution of the complainant’s charges, even though the constitutional issues have become ripe for review by the Commission’s entry of a coercive order and
Reference
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- OHIO CIVIL RIGHTS COMMISSION Et Al. v. DAYTON CHRISTIAN SCHOOLS, INC., Et Al.
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