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Freedom
March 21, 2025

Federal Appeals Court Protects Coast Guard Servicemembers’ Conscience Rights

Federal Appeals Court Protects Coast Guard Servicemembers’ Conscience Rights

March 21, 2025
By
Joe Barnas
Press Release
March 21, 2025

Federal Appeals Court Protects Coast Guard Servicemembers’ Conscience Rights

Fifth Circuit Ruling Reversing Dismissal Sets Stage for Broader Protections of Religious Freedom Nationwide

(March 21, 2025 – New Orleans, Louisiana) On March 20, 2025, United States Court of Appeals for the Fifth Circuit overturned a lower court’s dismissal in Jackson v. Noem, ruling that the case brought by Thomas More Society on behalf of Coast Guard service members Eric Jackson, Alaric Stone, and Michael Marcenelle—challenging the Coast Guard’s now-rescinded COVID-19 vaccination mandate—remains alive. This decision not only protects the conscience rights of these service members but also paves the way for far-reaching implications on safeguarding religious liberty for all Americans.

The Fifth Circuit held that the service members’ claims persist despite the mandate’s rescission, citing ongoing reputational harms and the Coast Guard’s failure to shield unvaccinated personnel from discrimination. In a groundbreaking legal development, the court affirmed that reputational injuries within the military—especially in the close-knit Coast Guard—can be remedied by federal courts. Equally significant, the ruling keeps alive the fight to overhaul the Coast Guard’s religious accommodation process, previously criticized by the district judge, ensuring that the struggle for genuine religious freedom and conscience protections endures.

As the case returns to the U.S. District Court for the Northern District of Texas, Thomas More Society attorneys will continue forward seeking relief from the courts for these courageous service members and leveraging this precedent to uphold religious freedom across the nation.  

Peter Breen, Thomas More Society Executive Vice President & Head of Litigation, reacted: “This ruling is a resounding victory for the conscience rights of the Coast Guard service members we represent, and a clarion call for justice that echoes beyond the Coast Guard. By recognizing that reputational harm is actionable and that the Coast Guard’s flawed accommodation processes must be corrected, the Fifth Circuit has set a powerful example. This decision strengthens the foundation of religious liberty, offering hope and paving a path for protection to service members and civilians alike who face pressure to violate their deeply held beliefs.”


Read the Opinion, issued March 20, 2025, by the U.S. District Court of Appeals for the Fifth Circuit, in Jackson, et al. v. Noem, et al., here.