No. 20-1794

Chaplaincy of Full Gospel Churches, et al. v. Department of the Navy, et al.

Lower Court: District of Columbia
Docketed: 2021-06-23
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: access-to-courts chaplain-selection civil-rights due-process equal-protection establishment-clause government-neutrality religious-discrimination standing
Key Terms:
DueProcess FirstAmendment FifthAmendment JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether the Navy's grant of unbridled power to reject Non-denominational chaplains to serve as chaplain selection board members violated rulings in Grumet and Larkin

Question Presented (OCR Extract)

question presented is whether the Navy’s grant of unbridled power to reject Non-denominational chaplains to serving as chaplain selection board members violated rulings in Grumet, 512 U.S. at 703708, and Larkin v. Grendle’s Den, Inc., 459 U.S. 116, 125-26 (1982) that the delegation of discretionary civic power to persons defined by their religious nature requires “effective means of guaranteeing the government power will be and has been neutrally employed.” Grumet, 512 U.S. at 703. The Second question presented is whether the courts below denied Petitioners’ right of access to the courts by denying them discovery necessary to establish their claims by (1) ignoring Inspectors General investigations’ undisputed evidence one chaplain selection board member can and did anonymously destroy other chaplain careers for religious or retaliatory reasons; (2) ignoring Petitioners’ requests for judicial release from their secrecy oath to testify about denominational preferences and prejudice they witnessed on boards by Chiefs and Deputy Chiefs of iii Chaplains as board presidents and other board members; and (8) using classic equal protection precedent to nullify Establishment Clause guarantees.

Docket Entries

2021-10-04
Petition DENIED. The Chief Justice, Justice Kagan and Justice Kavanaugh took no part in the consideration or decision of this petition.
2021-09-21
Supplemental brief of petitioners Richard Arnold, et al. filed. (Distributed)
2021-07-28
DISTRIBUTED for Conference of 9/27/2021.
2021-07-22
Waiver of right of respondents United States Navy to respond filed.
2021-06-14
Petition for a writ of certiorari filed. (Response due July 23, 2021)

Attorneys

Richard Arnold, et al.
Arthur A. Schulcz Sr.Chaplains' Counsel, PLLC,, Petitioner
Arthur A. Schulcz Sr.Chaplains' Counsel, PLLC,, Petitioner
United States Navy
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent