A U.S. Air Force reservist’s lawsuit alleging he was punished for giving a speech in which he said “men can’t birth babies” can move forward, a court has ruled.
U.S. District Judge Amos Mazzant of the Eastern District of Texas, Sherman Division issued a memorandum opinion and order last week in the case of Jace Yarbough v. United States Space Force, et al.
Mazzant, an Obama appointee, denied a motion to dismiss reservist Jace Yarbough’s lawsuit, who has argued that he was unlawfully punished for giving a speech in uniform at a retirement ceremony in 2021 that some considered too political.
“Here, all of Plaintiff’s claim involve the First Amendment and raise an important question on what limits exist when a service member, not on active duty, makes statements regarding his religious beliefs at a retirement ceremony,” wrote Mazzant.
“Indeed, the military is a unique context that requires a careful balance between the First Amendment and the importance of the chain of command. But the Supreme Court and Fifth Circuit continue to remind lower courts about the importance of vociferously guarding the First Amendment.”
Mazzant also wrote that Yarbough’s “duty status weighs in favor of finding that his claims are justiciable,” noting that he was “an inactive reservist when he attended the Ceremony” and when he was punished.
Erin Smith, associate counsel for First Liberty Institute, which is helping to represent Yarbough, said in a statement Monday that the ruling “gets us one step closer to victory for Jace.”
“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,” Smith stated.
“We look forward to making our case that no servicemember should be punished for his or her private religious speech. The Air Force’s punishment of Jace is a perfect example of the very cancel culture he warned about in his speech.”
In June 2021, Yarbrough gave a speech in uniform at a military retirement ceremony held at the Battleship Missouri Memorial in Pearl Harbor, Hawaii, in which he expressed concern about a “culture war” in the Armed Forces. He also said that “men can’t birth babies” and “boys should not be allowed in girls’ locker rooms.”
A U.S. Navy member in attendance filed a complaint against Yarbrough, with the reservist receiving an admonishment letter reprimanding him for his remarks in August 2021.
Yarbough filed a lawsuit in October 2023 over the punishment, claiming in the complaint that his First Amendment rights were violated by the punishment.
“This case arises from Defendants’ decision to take adverse, disciplinary action against Plaintiff, Mr. Jace Yarbrough, solely for his private religious belief and private speech on matters of public concern,” read the complaint.
“Defendants refused to rescind the discipline, which will continue to have a significant negative impact on Mr. Yarbrough’s military and civilian careers.”
The U.S. Armed Forces has long placed limits on the extent to which military personnel can wear uniforms while being involved in actions that are considered political in nature.
For example, a 2008 Defense Department directive stated that “members on active duty should not engage in partisan political activity” and “members not on active duty should avoid inferences that their political activities imply or appear to imply official sponsorship, approval, or endorsement.”
Capt. Gregory Justis wrote in a May 2019 column on the Dover Air Force Base website that military personnel, including reservists, “are prohibited from engaging in any political activities while in their official capacity or in uniform.”
“This includes marching in partisan political parades, distributing political literature and print material or engaging in any public commentary on political issues or campaigns,” wrote Justis at the time.
