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IN RE NAVY CHAPLAINCY

No. 12-5027.

697 F.3d 1171 (2012)

In re NAVY CHAPLAINCY. Chaplaincy of Full Gospel Churches, et al., Appellants v. United States Navy, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 2, 2012.

Attorney(s) appearing for the Case

Arthur A. Schulcz, Sr. argued the cause and filed the briefs for appellant.

Lewis Yelin , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and Marleigh D. Dover , Attorney.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

In this case, military chaplains, all "non-liturgical Protestants," allege that the Navy systematically discriminates against members of their religious denominations in the awarding of promotions in violation of "[t]he clearest command of the Establishment Clause ... that one religious denomination cannot be officially preferred over another." Larson v. Valente, 456 U.S. 228, 244, 102 S.Ct. 1673, 72 L.Ed...

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