Appeals court rules Christian auto repair chain can limit franchises to Christians 

A federal appeals court ruled that Christian Brothers Automotive can make Christianity a requirement for its franchise owners, rejecting a Jewish man’s racial discrimination lawsuit.

Three judges on the 5th U.S. Circuit Court of Appeals sided with the Houston-based company in a Sept. 30 ruling. They found no evidence that the chain rejected the applicant based on race.

Mark Carr and a partner opened the first auto repair shop in Mission Bend, Texas, in 1982. Christian Brothers started selling franchises in 1996 and now has more than 310 locations nationwide.

The company says it follows the biblical command to “Love your neighbor as yourself.” Its shops close on weekends, giving owners and employees time with their families.

Christian Brothers requires franchise owners to share its faith and give a personal Christian testimony. The company has followed the rule for decades.

Its franchise owners come from different racial and ethnic backgrounds, and at least two are Christians who are ethnic Jews.

Evan Domanic, a Jew by ancestry and faith, applied to open a franchise in fall 2020.

During the application process, an employee asked Domanic about his religion. Domanic said he was Jewish. He claimed the employee told him his religion was no issue. Christian Brothers denied that claim.

In November 2020, the employee told Domanic the company wouldn’t consider him because he was Jewish. By that time, Domanic had reached the third step of the company’s eight-step process to become a franchisee.

He sued the company in 2022, claiming it rejected him because of his Jewish ancestry. The firm said it was because he didn’t share its Christian faith.

Domanic sued under a federal law that bans racial discrimination in contracts. The law also protects people from ancestry-based discrimination.

After a federal district court ruled in favor of Christian Brothers, Domanic appealed.

The appeals court said the law doesn’t ban religious discrimination. It rejected Domanic’s argument against separating Jewish ancestry from Jewish faith when applying the law.

The court also found no evidence the company used its Christian faith requirement to hide bias against ethnic Jews.

“No evidence whatsoever suggests Christian Brothers, behind the façade of a religious policy, is in reality engaging in covert antisemitism,” Judge Stuart Kyle Duncan wrote.

The court cited earlier cases as precedent.

In 1990, the 7th Circuit rejected a claim against a Catholic parish that allegedly favored Catholic buyers over a Jewish couple in a house sale. The judges found that the religious preference alone wasn’t racial discrimination.

The same court made the same distinction in a 2014 case involving Northwestern University and a Jewish campus group.

Christian Brothers also argued that the First Amendment protects its right to choose franchise owners who share its faith. The judges didn’t decide that question. Judge Andrew Oldham said the court should have addressed the defense first.

Heartlander News has covered other disputes over Christian faith requirements.

In May, it reported that Montgomery County, Ohio, agreed to pay more than $120,000 in legal fees after excluding a foster care program over its Christian hiring policy.

Gracehaven helps girls who survived sex trafficking. The settlement lets the ministry work with the county while hiring people who share and follow its Christian beliefs.