The Thomas More Law Center announced yesterday that it has filed a suit on behalf of Catholic priest Fr. Ray Leonard, who is a civilian under contract with the Department of Defense to provide Catholic religious services at a naval submarine base. The suit was also filed on behalf of one of Leonard's congregants. The complaint (full text) in Leonard v. U.S. Department of Defense, (D DC, filed 10/14/2013) contends that plaintiffs' rights under the 1st Amendment and RFRA are violated because Leonard is unable to continue to celebrate daily mass at the naval base during the government shutdown. As interpreted by the Department of Defense, the recently enacted Pay Our Military Act is not broad enough to cover civilian contract chaplains, and the Anti-Deficiency Act, 31 USC 1342, prohibits the government from receiving Leonard's services free of charge. The suit seeks to enjoin application of the Anti-Deficiency Act to Leonard's speech and activities as a Catholic priest. CNN Wire reports on the case.
UPDATE: In an Oct. 16 press release, the Thomas More Law Center reports that the Justice Department and Department of the Navy decided that Fr. Leonard could resume all his religious duties as of that date. However the lawsuit will continue to prevent a recurrence of the ban in any future government shutdown.
