New Orleans, LA; September 24, 2024: Yesterday afternoon, the U.S. Court of Appeals for the Fifth Circuit delivered a landmark ruling in Crocker v. Austin, strengthening religious liberty protections for all service members. The court reversed the dismissal of the case, brought by a group of Air Force service members, challenging the Air Force’s COVID-19 vaccine mandate and its discriminatory religious accommodation process.

The plaintiffs—Faith Crocker, David Schadwinkel, Ian McHaley, Christopher Duff, Byron Starks, Wayne Johnson, and Mendell Potier—filed suit after the Air Force denied their religious exemptions to the vaccine mandate. Although the Air Force later rescinded the mandate, the case centered on the broader issue of how the military processes religious accommodation requests.

The court ruled that plaintiff Byron Starks, who was separated from the Air Force, has standing to pursue his claims, as his separation caused ongoing harm, including the loss of veteran benefits. The court also rejected the government’s argument that the case was moot, noting that the broader issue of the Air Force’s religious exemption process remains unresolved. Importantly, the court eliminated the administrative exhaustion requirement for claims under the Religious Freedom Restoration Act (RFRA), allowing service members to bring religious liberty claims directly to court without first navigating internal military procedures.

This ruling is a critical victory for the religious liberty of service members across the Fifth Circuit and beyond. The court’s decision not only upholds the rights of these plaintiffs but also ensures that no service member will be forced to navigate a flawed administrative process before vindicating their religious freedoms in court.

Plaintiff Christopher Duff, a Colonel in the Air Force speaking in his personal capacity, expressed his enthusiasm about the decision: “This ruling is a huge step forward, not just for me but for all service members who seek protection while practicing their faith. I’m grateful that the court recognized the importance of the Religious Freedom Restoration Act and our individual religious rights. It’s a relief to know that thanks to the hard work of the Pelican Institute, future service members will have a clear path to challenge policies that infringe on their sincerely held religious beliefs.”

The case, which was remanded to the district court for further proceedings, will continue to address the plaintiffs’ allegations that the Air Force’s religious exemption process is discriminatory. The plaintiffs have argued that the Air Force’s process routinely denies religious accommodation requests and coerces service members to comply with mandates against their beliefs.

This decision strengthens religious liberty protections for service members by ensuring they can bring their claims directly to federal court. The Pelican Institute is proud to have supported this effort and will continue to stand up for the rights of Louisianans and all Americans.

For further details or to schedule interviews with the plaintiffs and their legal representatives, please contact the Pelican Institute at sydney@pelicaninstitute.org.