Intermountain Fair Housing Council v. Boise Rescue Mission Ministries (2009-2011)


What if a Christian homeless shelter were forbidden from holding a Christian chapel service? That almost happened to the Boise Rescue Mission, which has been serving the needy in Boise, Idaho, for over 50 years.

The Mission serves the homeless by offering addiction recovery programs, a Veterans Ministry program, holiday meals, job searches, counseling, and after-school activities for children. From 2012 to 2013 alone, it welcomed nearly 5,000 new guests, served about 700,000 meals, and provided 250,000 beds. Hundreds have graduated from its recovery program and have moved on to build productive, successful lives. The Boise Rescue Mission has never turned away a person in need.

The Rescue Mission is a Christian ministry, one that provides a Bible-based curriculum and chapel services to those in need. Its commitment to the Word of God inspires it to welcome the homeless and needy with open arms.

But in 2008, its faith-based programs and the people it serves were threatened when a federally-funded fair housing group in Idaho sued the Rescue Mission under the Fair Housing Act. The lawsuit claimed that the Rescue Mission discriminated on the basis of religion by encouraging guests at the homeless shelter to attend chapel services and by requiring members of the Christian discipleship program to participate in religious activities. This is despite the fact that participation in the Rescue Mission’s programs is voluntary and free of charge, and the Rescue Mission receives no government funding.

In response to the lawsuit, the Rescue Mission argued that the FHA affirmatively protected the right of the homeless shelter to conduct chapel services, and that forcing the Rescue Mission to accept members of the discipleship program who reject its core beliefs would violate the First Amendment.

The federal district court in Idaho ruled in favor of the Rescue Mission, and the fair housing group appealed to the U.S. Court of Appeals for the Ninth Circuit. On July 12, 2011, Luke Goodrich, Deputy General Counsel for the Becket Fund for Religious Liberty, argued the case in the Ninth Circuit.

On September 19, 2011, the Becket Fund won a resounding victory when the Ninth Circuit issued a unanimous opinion in favor of the Rescue Mission. The court victory enshrined the right of religious groups to minister to the poor and needy in accordance with their religious beliefs.

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  • Press Release - San Francisco Appeals Court Rejects Religious Discrimination Claim (September, 19, 2011)