by Jayla Ward • 2 minutes
What a tremendous week it’s been at First Liberty! We secured three crucial legal victories for our clients.
Air Force Reserve Service Member’s Case Can Now Proceed
First Liberty delivered an important win for U.S. Space Force reservist Jace Yarborough. A federal district court recently denied the government’s requests to dismiss our case. This clears the path to move forward, giving us an opportunity to seek justice after the Air Force and Space Force punished Jace and threatened his career.
In 2021, Maj. Yarbrough, an officer in the U.S. Air Force, was punished for something he said while off duty, in his civilian capacity, at a private retirement ceremony. Motivated by his religious beliefs, Jace warned about dishonesty and the increase of cancel culture in our country, including in the military. His remarks advocated truth and encouraged integrity.
Nevertheless, military officials responded by issuing a formal letter of admonishment that will tarnish his record and possibly destroy his career.
First Liberty, alongside Ave Maria School of Law, has fought for Jace since the beginning. We filed a federal lawsuit making the case that the Air Force can’t punish Jace for his private speech and religious exercise.
“This decision gets us one step closer to victory for Jace,” said Erin Smith, Associate Counsel for First Liberty. “It sends a message to the U.S. Air Force that punishing Jace for his private religious exercise and private speech while acting as a private citizen in a private venue is a violation of his constitutional rights.”
Antony Kolenc, Director of the Veterans and Servicemembers Law Clinic at the law school, said, “We are optimistic that Jace will prevail on the merits of his claims, and we hope that this Administration’s renewed focus on religious liberty in the military will eventually clear his record of this unjust discipline.”
South Carolina Pastor Can Continue to Hold Religious Signs in Public
We are happy to report an important first victory for Ernest Giardino! He can now continue to hold religious signs and share his faith in public right-of-way without a permit, at least while the case works its way through court.
For eight months, Ernie stood on a public sidewalk holding a 20×24-inch sign attached to a short handle with messages like “Trust Christ He paid the price,” without a single incident. But the Town of Chapin, South Carolina has an ordinance that requires Ernie to have a “demonstration permit” in order to share his faith.
We filed a federal lawsuit against the city for its unconstitutional permit scheme. This week, the U.S. District Court of South Carolina granted a preliminary injunction that blocked the ordinance.
“Any ordinance requiring Mr. Giardino to obtain Town approval to hold a sign in public is unconstitutional,” said Senior Counsel Nate Kellum. “We are grateful that Ernie is now able to return to Chapin and peacefully share his religious beliefs, and we are hopeful the Town will respect the Constitution and adopt a new law that recognizes his right to freely live out his faith in the public sphere.”
Ernie can continue sharing his faith for the time being. But this battle isn’t over yet. We still have more work and litigation ahead in order to secure a final and complete victory.
Air Force Grants Religious Accommodation
We secured a victory for Master Sgt. Timothy Hilgert. The Air Force granted his request to keep his beard as an expression of his religious faith.
“We are very pleased with the Department of the Air Force’s decision to grant him a religious accommodation and respect his religious convictions,” said Erin Smith, Associate Counsel at First Liberty. “We are grateful for Secretary Meink and his leadership of the Air Force. Master Sgt. Hilgert looks forward to proudly serving his country while living consistent with his religious beliefs.”
Tim serves as a premier trombonist in the U.S. Air Force Band. He is a Christian who has been convicted by God to wear a beard in accordance with his sincerely held beliefs.
His initial request for a religious accommodation was rejected without any substantial legal justification.
After receiving approval from the acting Assistant Secretary of the Air Force for Manpower and Reserve Affairs, he can now live out his faith without fear of retaliation.
Thank you for supporting First Liberty. You’re the driving force that helps deliver these crucial victories. Wins like these are incredibly significant to those involved. They make a big difference in the lives of Americans who want to exercise their constitutional rights and live in liberty.
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