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Government Retaliates Against Navy Chaplain who Sued over Government Shutdown of Catholic Mass
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Father
Ray Leonard, the Catholic Navy Chaplain who sued the Department of
Defense and the Navy after he was barred from celebrating Mass at Kings
Bay Naval Submarine Base in Georgia during the recent the Government
shutdown, is now the target of Government retaliation even though the
Department of Justice indicated the day after the lawsuit was filed that
he could resume his duties as a Navy Chaplain.
The
retaliation involves repeated Government assertions that the employment
contract under which Father Leonard was working is no longer “valid”,
demands that he must sign a new contract containing several pages of
onerous new terms if he wants to be paid and refusals to pay for
services he had already performed.
As a result, the Thomas More Law Center (“TMLC”), a national public
interest law firm based in Ann Arbor, MI, on January 6, 2014 filed an
amended complaint in their original federal lawsuit to prevent further
retaliation against Father Leonard for exercising his constitutional
rights. The amended complaint added a claim against the government for
its retaliation toward Father Leonard which occurred after the filing of
the initial complaint.
Father Leonard just returned to America after spending ten years
ministering to impoverished Tibetans in China. Consequently,
withholding Father Leonard’s earnings for approximately two months left
Father Leonard himself in an impoverished condition. Yet, he continued
to minister to his congregation by scraping up enough money for food and
rent payments for housing near the Naval Base which he serves.
Father Leonard has stated in an affidavit;
“In
China, I was disallowed from performing public religious services due
to the lack of religious freedom in China. I never imagined that when I
returned home to the United States, that I would be forbidden from
practicing my religious beliefs as I am called to do, and would be
forbidden from helping and serving my faith community.”
The
amended complaint discusses how on October 21, 2013, a mere week after
blowing the whistle on the government’s unconstitutional actions, the
government told Father Leonard that his contract would no longer be
considered “valid.” The government presented Father Leonard with a new
employment contract containing five additional pages of far more onerous
terms than his original contract.
Prior to the original lawsuit, which TMLC filed on October 14, 2013,
Father Leonard had been operating under his original contract without
complaint. The original contract was even recognized and affirmed by
the Navy and the Department of Justice in subsequent documentation on
October 16, 2013.
From October 1, 2013 through the present, Father Leonard has continued
to perform his duties as a military chaplain under the original
contract. The Navy paid him for his work during the month of October.
However in November, the government inexplicably refused to pay Father
Leonard. The government’s withholding of income lasted from the
beginning of November through the end of December. After repeatedly
denying Father Leonard’s payment, the Navy finally approved an invoice
for payment at the end of December.
TMLC attorney Erin Mersino, counsel for Father Leonard, explained,
“The
Petition Clause of the First Amendment protects individuals who
challenge the unconstitutional actions of the government from
retaliation. The Archdiocese for the Military Services confirmed that
no other military chaplain contracts were under review or subjected to
the same scrutiny as Father Leonard’s. Thus, due to the timing of the
Navy’s actions and the information gleaned from the Archdiocese for the
Military Services, all signs point to Father Leonard being singled out
and subjected to unlawful retaliation for bringing the government’s
practices to light.”
On
October 4, 2013, during the Government shutdown, Father Leonard was
ordered to stop performing all of his duties as the Base’s Catholic
Chaplain, even on a voluntary basis. He was also told that he could be
arrested if he violated that order.
Additionally, Father Leonard was locked out of his on-base office and
the chapel. Father Leonard was denied access to the Holy Eucharist and
other articles of his Catholic faith. The order caused the cancellation
of daily and weekend mass, confession, marriage preparation classes and
baptisms as well as prevented Father Leonard from providing the
spiritual guidance he was called by his faith to provide.
The services of other Christian denominations at Kings Bay were allowed
to continue throughout the shutdown. Only Catholics were left without
services.
A day after the original federal lawsuit was filed, three attorneys from
the Justice Department contacted Erin Mersino by phone and indicated
that Father Leonard could resume all his religious duties and that the
Chapel would be re-opened for all Catholic activities. Those
representations of the Justice Department attorneys were confirmed by
orders to Father Leonard through the Navy chain of command. However a
week later, the retaliation against Father Leonard began.
Richard Thompson, President and Chief Counsel of the Thomas More Law Center, affirmed,
“Although
Father Leonard is for the moment being paid, based on the government’s
pattern of inconsistent conduct, there is no guarantee that the
Government will not again claim the contract is invalid and refuse
payment. Our Amended Complaint is necessary to seek the Court’s
protection from further government retaliation.”
The
Department of Justice has requested an additional sixty (60) days to
respond to the amended complaint, and the Court ordered their response
by March 3, 2014.
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