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=============================== FATHER VINCENT RIGDON, et al., : Plaintiffs, : : Civil Action No. 96-02092 v. : (Judge Stanley Sporkin) : Filed April 7, 1997 DR. WILLIAM J. PERRY, et al., : Defendants : =============================== ORDER This matter came before the Court on the parties' cross-motions for summary judgment and on the plaintiffs' motion for preliminary injunction. For the reasons stated in the Court's Memorandum Opinion of even date herewith, it is, by the Court, this 7th day of April, 1997, ORDERED that the plaintiffs' motion for preliminary injunction is GRANTED; and it is FURTHER ORDERED that the plaintiffs' motion for summary judgment is granted; and it is FURTHER ORDERED that the defendants' motion to dismiss, or, in the alternative, for summary judgment is DENIED; and it is FURTHER ORDERED that the plaintiffs' motion to amend the complaint to add Chief Warrant Officer John M. Johnston and Cheryl M. Johnston as party plaintiffs is hereby denied as MOOT; and it is DECLARED that the speech contemplated by the plaintiffs, to urge their military congregants to communicate with Congress on passage of the Partial Birth Abortion Ban Act, does not violate Department of Defense ("DoD") Directive 1344.10 and any other military regulation based thereon; and it is FURTHER ORDERED that the Defendants' interpretation of DoD Directive 1344.10 and similar regulations as barring the plaintiff chaplains from urging their military congregants to communicate with Congress on passage of the Partial Birth Abortion Ban Act violates the plaintiffs' rights under the First Amendment and the Religious Freedom Restoration Act; and it is FURTHER ORDERED that the defendants, the defendants' officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with the defendants who receive actual notice of this order are hereby ENJOINED from interpreting DoD Directive 1344.10, or any similar law or regulation, in a manner that prohibits the plaintiffs from exercising their free speech and free exercise rights under the First Amendment of the Constitution, and in particular from urging their military congregants to communicate with Congress on passage of the Partial Birth Abortion Ban Act; and it is FURTHER ORDERED that because the Court has granted summary judgment in this case, the Clerk is directed to dismiss this case from the docket of this Court. April 7, 1997 /s/ STANLEY SPORKIN UNITED STATES DISTRICT JUDGE |