Chaplaincy of Full Gospel Churches v. United States Navy
403 U.S. App. D.C. 1
| D.C. Cir. | 2012Background
- Navy Chaplaincy has a Chaplain Corps divided into four faith groups; plaintiffs are non-liturgical Protestants seeking equal promotion opportunities.
- To become Navy chaplains, individuals must have ecclesiastical endorsement from endorsing agencies; two such agencies are among plaintiffs.
- Promotion decisions are made by seven-member selection boards, including two chaplains; boards review candidates for promotion per statutory procedures.
- Plaintiffs allege two theories: denominational preference (biased promotion decisions) and delegation of governmental authority to religious entities.
- District court denied a preliminary injunction, finding no standing and unlikely success on merits; this court reverses standing and remands for merits findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do plaintiffs have Article III standing for injunctive relief? | They face imminent future injury from biased boards under challenged policies. | Standing is speculative; future discrimination by individual boards is not sufficiently likely. | Yes; standing established; remand for merits proceedings. |
| Whether plaintiffs are likely to succeed on the merits of the delegation theory? | Delegation to chaplains lacks standards and neutral guarantees. | Delegation is not standardless; secular, neutral standards exist in statute and Navy instructions. | Plaintiffs unlikely to succeed on delegation theory. |
| Whether plaintiffs are likely to succeed on the merits of the denominational preference theory? | Statistical evidence shows patterns of discrimination against non-liturgical Protestants. | Evidence does not establish discrimination; Navy offers contrary analysis. | District court erred by not resolving merits; remand for factual findings. |
Key Cases Cited
- Luján v. Defenders of Wildlife, 504 U.S. 555 (1992) (standing requires actual injury, causation, redressability)
- City of Los Angeles v. Lyons, 461 U.S. 95 (1983) (imminent threat required for standing to seek injunctive relief)
- NB ex rel. Peacock v. District of Columbia, 682 F.3d 79 (D.C. Cir. 2012) (non-speculative injury can support standing where policy causes harm)
- Larkin v. Grendel's Den, Inc., 459 U.S. 116 (1982) (standardless delegation to religious entities violates Establishment Clause)
- Winter v. NRDC, Inc., 555 U.S. 7 (2008) (preliminary injunction requires likelihood of success, irreparable harm, balance of equities, public interest)