Defending Religious Freedom:
Ave Maria School of Law and First Liberty Institute File Supreme Court Amicus Brief
FOR IMMEDIATE RELEASE
NAPLES, FL., (Nov. 13, 2025)— First Liberty Institute and Ave Maria School of Law filed an amicus curiae (“friend-of-the-court”) brief with the U.S. Supreme Court in support of Air Force reservist Michael Poffenbarger, seeking to uphold the rights of military personnel whose religious exercise has been jeopardized by government action.
The case, Poffenbarger v. Meink, centers on the Air Force’s refusal to grant Poffenbarger’s request for a religious accommodation to the Covid vaccine—a decision that cost him critical retirement points and diminished his legal status as a reservist. The brief argues that restoring those points is an equitable form of relief authorized under the Religious Freedom Restoration Act (RFRA), ensuring that servicemembers who act in accordance with their faith are not penalized for doing so.
The brief provides extensive legal support showing that military correction boards and federal courts have long regarded the restoration of retirement points as equitable relief rather than monetary damages. If the Supreme Court decides to review this case and rule in Poffenbarger’s favor, courts will have the ability to make reservists whole when their religious liberties are violated by the military.
Anthony Calello and Quinten Zak, law students with Ave Maria School of Law’s Veterans and Servicemembers Law Clinic, drafted the initial brief under the supervision of Professor Tony Kolenc, who served as counsel of record. The clinic, which assists both veterans and servicemembers, provides students with hands-on experience in a variety of cases, including those involving the free exercise of religion.
“As a veteran, I am truly humbled to have contributed to this important brief defending religious freedom before the United States Supreme Court,” said Anthony Calello. “Working in the Veterans and Servicemembers Law Clinic has allowed me to grow both as an advocate and as a person of faith. I am grateful to my classmates for their collaboration and to my professors for their guidance and mentorship.”
“First Liberty was honored to defend and help restore the religious liberty rights of Navy SEALs and other service members when they were denied religious accommodation for the Covid vaccine mandate,” stated Erin Smith, Associate Counsel at First Liberty Institute. “It is disappointing to see the military is still not fully fulfilling its obligation to our brave warriors. We are grateful to the Ave Maria School of Law for their great work in defense of our military members.”
“I’m proud of the excellent work our students have done in this brief to help the Supreme Court understand the history and importance of retirement points to military reservists,” said Professor Tony Kolenc, the director of the pro bono clinic. “This case lies at the heart of Ave Maria’s mission because it advocates for those who serve our nation and seeks to make them whole when their religious liberties are violated.”
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About First Liberty Institute
First Liberty Institute is the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans. Contact: John Manning, media@firstliberty.org
Direct: 972-941-4453
About Ave Maria School of Law
Ave Maria School of Law forms lawyers of professional excellence through a legal education rooted in the Catholic Faith. Inspired by Pope John Paul II’s Fides et Ratio, we provide a distinctive formation in the harmony of faith and reason, affirming the natural law written on the human heart as the secure foundation for freedom. In doing so, Ave Maria provides students with a traditional legal education while emphasizing how the law intersects with the Catholic intellectual tradition and natural law philosophy.”
Lisa Johnston, ljohnston@avemarialaw.edu
Direct: 239-687-5443
Ave Maria School of Law is a Catholic law school dedicated to educating lawyers with the finest professional skills. Inspired by Pope John Paul II’s encyclical Fides et Ratio, Ave Maria School of Law offers a distinctive legal education — an education characterized by the harmony of faith and reason. Formed by outstanding professional training and a distinctive educational philosophy, Ave Maria’s graduates are equipped for leading positions in law firms, corporate legal offices, the judiciary, and national, state, and local government.
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.
