Coast Guard agrees to ‘structural protections’ for religious personnel

The military branch will commit to “individualized reviews” of service members and mandate religious accommodation training for leadership roles.

The U.S. Coast Guard has agreed to a slate of religious protections for service members, including committing to individualized reviews of personnel who request religious accommodations for Coast Guard policies.

The Thomas More Society, a Catholic law firm that focuses on religious liberty and civil rights, said on April 16 that it had settled a lawsuit with the Coast Guard in an agreement that “permanently reforms how the Coast Guard evaluates, trains on, and reports religious accommodation requests.”

The yearslong case was first filed in September 2022 as a federal class action lawsuit, one that claimed the Coast Guard was in violation of both the First Amendment and the Religious Freedom Restoration Act for “categorically denying virtually all religious accommodation requests from the Coast Guard COVID-19 vaccine mandate.”

That mandate has since been rescinded, but the settlement announced on April 16 still serves as a “model for every branch of the military,” attorney Peter Breen said.

One of the provisions in the settlement includes a requirement that the Coast Guard intensively review religious accommodations requests and, in cases where a request is denied, show that granting it would “seriously harm a critical military interest.”

The Coast Guard will also institute “command-wide training” in leadership courses and chaplain instruction. The branch must also publicly affirm its commitment to religious liberty as well as post public data about religious accommodations on its website for three years.

The primary plaintiffs in the suit were Lts. Alaric Stone and Mack Marcenelle as well as Boatswainʼs Mate First Class Eric Jackson.

Marcenelle in the announcement said the team had been “wrongly accused of violating lawful orders” but that the settlement “sets things right once and for all and recognizes the lawful religious freedoms of all Coast Guard service members.”

The government will also pay $750,000 in attorneyʼs fees and expenses as part of the settlement, the Thomas More Society said.