Yesterday, in Chaplaincy of Full Gospel Churches v. England, (DC Cir., July 7, 2006), the District of Columbia Court of Appeals reversed the trial court and remanded for further findings a suit alleging that the Navy has unconstitutionally maintained a religious quota system for the promotion, assignment, and retention of Navy chaplains that disadvantages chaplains of non-liturgical Protestant faiths (i.e. Baptist, Evangelical, Pentecostal, and Charismatic chaplains.) Plaintiffs had moved for a preliminary injunction, arguing that their evidence demonstrated that Catholic Naval Reserve chaplains were favored and permitted to remain on active duty beyond mandatory separation age limits. This they argued violated the Establishment Clause.
The district court had denied the motion for an injunction, in part because plaintiffs had not demonstrated irreparable injury. The Court of Appeals, however, held that the Navy's violation of the Establishment Clause constituted per se irreparable injury. It remanded the case to the trial court for it to determine whether plaintiffs had also shown the other 3 elements necessary for a preliminary injunction: likelihood of success on the merits, the injunction will not substantially injure other parties and that it will further the public interest.
