“To our disappointment, rather than change the contested policies, the Navy has worked to enact legislation that disallows public disclosure of illegal acts by board members and allows the discriminatory behavior to continue,” Weibling said.

A preliminary injunction has been granted in the case of 65 chaplains who allege that evangelicals have been discriminated against by the U.S. Navy, even as many of the chaplains are nearing retirement age.

In early November, the District of Columbia Court of Appeals overruled a lower court’s denial last January of an injunction request. The plaintiffs hoped the injunction would delay promotion board hearings until their cases could be argued in court.

The chaplains contend the Navy’s chaplain promotion process favors mainline Protestants and Roman Catholics.

“We believe our statistics show discrimination and favoritism in the process the Navy has used,” said Tom Rush, pastor of Berea Baptist Church in Social Circle, Ga. “I’m pleased that we finally have a chance to tell our side of the story.”

Originating with a single lawsuit in late 1999, over the next seven years evangelicals from numerous denominations filed additional suits. The cases that weren’t settled or otherwise resolved later were consolidated into one class action.

Art Schulcz, an attorney in Vienna, Va., hopes the ruling finally will move his clients closer to trial.

“My hope is the court will look at our data and come to the conclusion that this system with its secret procedures allows all kinds of bias to enter into decisions,” said Schulcz, a retired Army officer.

“We’re looking for a level playing field, where promotions are based on how effective a chaplain’s ministry is and how he’s done in the field. It’s not that way now.”

The ruling will allow the plaintiffs to again press for a delay in the next promotion board meetings, tentatively scheduled for February. The case has been assigned to a new federal district court judge, Gladys Kessler, who will hold a hearing to determine the next step in resolving the lawsuit.

While the U.S. Department of Justice has a policy against commenting on pending litigation, it has denied that the Navy engages in discrimination.

[Editor’s note: This article is incomplete. The source for this document was originally published on bpnews.net—however, the original URL is no longer available.]