Where Does Brett Kavanaugh Stand on Religious Liberty?

Chaplaincy Of Full Gospel Churches v. United States Navy (2008)

A U.S. Navy Honor Guard flag folding ceremony is watched by 22 U.S. military World War II veterans from St. Louis, Missouri visiting the National World War II Memorial on Veteran's Day in Washington, November 11, 2014. | (Photo: Reuters/Larry Downing)

In the case of Chaplaincy Of Full Gospel Churches, et al., Appellants v. United States Navy, et al., a group of Protestant Navy chaplains filed a lawsuit arguing that the Navy's retirement system gives preferential treatment to Catholic chaplains.

Writing the opinion of the court, Kavanaugh argued that the Protestant chaplains lacked standing and ruled against their lawsuit, affirming a lower court decision.

"If plaintiffs had alleged that the Navy discriminated against them on account of their religion, plaintiffs would have alleged a concrete and particularized harm sufficient to constitute injury-in-fact for standing purposes," wrote Kavanaugh.

"But plaintiffs have conceded that they themselves did not suffer employment discrimination on account of their religion. They have conceded that the Navy did not deny them any benefits or opportunities on account of their religion. ... Rather, they suggest that other chaplains suffered such discrimination."

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