Court Upholds First Amendment Claims, Allowing Legal Battle Over Bible Verses on Military Dog Tags to Continue
In a significant legal development, the First Liberty Institute and the law firm Fish & Richardson announced that the faith-based company Shields of Strength can proceed with its lawsuit against the Department of Defense (DoD). The United States District Court for the Eastern District of Texas, Tyler Division, rejected a motion to dismiss by the DoD, allowing Shields of Strength to argue that the prohibition of its military-themed dog tags featuring Bible verses violates the First Amendment.
Inspirational dog tags
The court’s decision is a crucial step for Shields of Strength, which has been fighting to resume production of its inspirational dog tags. These tags, which include biblical scriptures and military insignia, have been a source of comfort and strength for service members and their families for over 25 years. Production was halted more than five years ago following a complaint from an anti-religious group, leading to the DoD’s prohibition of religious content on licensed items.
“The decision by the court is a victory not only for Shields of Strength and its owner, Kenny Vaughan, but also for the brave men and women of our armed forces and their families who gain divine inspiration from Shields’ replica dog tags containing biblical scripture and military insignia,” said Danielle Runyan, Senior Counsel and Chair of the Military Affairs practice group for First Liberty Institute.
Supporting the military community
Kenny Vaughan, the owner of Shields of Strength, expressed his relief and determination to continue supporting the military community. “Shields of Strength has been a source of strength and encouragement for our military heroes for over 25 years. Every dog tag we ever made was at the request of the troops and their families, and it was our honor to do so. The hardest part has been declining requests for the last several years. We look forward to the day we no longer have to say no to a Soldier, Marine, Sailor, or Airman who is asking for a reminder of God’s promise.”
Kenny and his wife Tammie Vaughan have dedicated their lives to serving those who defend and protect the freedoms derived from the U.S. Constitution. Through Shields of Strength, they have distributed over four million dog tags, with half of those donated to service members around the world.
The legal battle began in 2019 when the Department of Defense, responding to a cease-and-desist letter from an anti-religious group, banned Shields of Strength from producing or selling items with religious content. First Liberty Institute filed a federal lawsuit on behalf of Shields, arguing that the ban infringes on the company’s First Amendment rights.
In its decision, the court stated, “The First Amendment claims survive that test. Because the Constitution itself provides judicially manageable standards, a claim that agency action violates the Constitution is reviewable unless Congress’s intent to bar review is ‘clear.’ And nothing establishes such a ‘clear’ bar to review of constitutional claims here.”
This ruling marks a pivotal moment in the ongoing dispute, bringing Shields of Strength closer to resuming its mission of providing spiritual support to the military community through its unique dog tags.
