Air Force Reservist’s Federal Lawsuit Moves Forward After Federal Court Denies Motion to Dismiss the Case
Space Force Reservist was given a Letter of Admonishment for quoting Russian dissident and Christian Aleksandr Solzhenitsyn at a retirement ceremony.
For Immediate Release: 9.10.25
Plano, TX— First Liberty Institute, the law firm Winston & Strawn LLP, and the Ave Maria School of Law Veterans and Servicemembers Law Clinic announced that the lawsuit against the Department of the Air Force and U.S. Space Force on behalf of Jace Yarbrough, a Space Force reservist, can proceed after the motion to dismiss the case was denied by the United States District Court for the Eastern District of Texas.
“This decision 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,” said Erin Smith, Associate Counsel for First Liberty Institute. “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.”
“Our clinical students devoted hundreds of hours fighting this motion to dismiss and defending Jace’s right to express his religious beliefs without penalty,” stated Antony Kolenc, Clinical Professor of Law and Director of the Veterans and Servicemembers Law Clinic at Ave Maria School of Law. “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.”
In early 2021, Mr. Yarbrough was invited to participate in the retirement ceremony of a fellow servicemember aboard the privately owned and operated Battleship Missouri Memorial, in Pearl Harbor, Hawaii. Mr. Yarbrough agreed to recognize SMSgt Duane Fish’s honorable service and delivered his remarks in uniform to a small group of like-minded friends and family. Mr. Yarbrough traveled to, attended, and spoke at SMSgt Fish’s retirement ceremony at his own expense and in his capacity as a friend and private citizen. Nevertheless, the Air Force issued Mr. Yarbrough a Letter of Admonishment (“LOA”) after certain military members present at the ceremony complained about the content of Mr. Yarbrough’s speech, which included quotes from Soviet dissident and Christian Alexander Solzhenitsyn, and addressed public concerns regarding the present state of the military culture. Unless the LOA is rescinded, it will continue to adversely impact Mr. Yarbrough’s career.
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Our mission is to offer an outstanding legal education in fidelity to the Catholic Faith, as expressed through Sacred Tradition, Sacred Scripture, and the teaching authority of the Church. University legal education began in Catholic universities, and Catholic law schools have been the bearers of a tradition that safeguards the dignity of the human person and the common good. Ave Maria School of Law affirms Catholic legal education’s traditional emphasis on the only secure foundation for human freedom — the natural law written on the heart of every human being. We affirm the need for society to rediscover those human and moral truths that flow from the nature of the human person and that safeguard human freedom.
