Air Force reservist punished for saying ‘men can’t birth babies’ can proceed with lawsuit: judge
September 17, 2025
A court has ruled that a U.S. Air Force reservist can move ahead with a lawsuit alleging that he was punished for giving a speech in which he said, “men can’t birth babies.”
The Christian Post reports that U.S. District Judge Amos Mazzant of the Eastern District of Texas, Sherman Division issued the memorandum opinion and order last week in the case of Jace Yarbrough v. United States Space Force, et al.
Mazzant also denied a motion to dismiss Yarbrough lawsuit which was filed after the reservist said he was unlawfully punished for giving a speech in uniform at a retirement ceremony in 2021 that some considered too political.
In his order, Mazzant wrote: “Here, all of Plaintiff’s claim involve the First Amendment and raise an important question on what limits exist when a service member, not on active duty, makes statements regarding his religious beliefs at a retirement ceremony.”
The order continues, “Indeed, the military is a unique context that requires a careful balance between the First Amendment and the importance of the chain of command. But the Supreme Court and Fifth Circuit continue to remind lower courts about the importance of vociferously guarding the First Amendment.”
Erin Smith, associate counsel for First Liberty Institute which is helping to represent Yarbrough said of the ruling, “It sends a message to the U.S. Air Force that punishing Jace for his private religious exercise and private speech while acting as a private citizen in a private venue is a violation of his constitutional rights.”
Smith added, “We look forward to making our case that no servicemember should be punished for his or her private religious speech. The Air Force’s punishment of Jace is a perfect example of the very cancel culture he warned about in his speech.”
According to the Christian Post, Yarbrough gave a speech in uniform at a military retirement ceremony in June 2021 in which he voiced concern about a “culture war” in the Armed Forces.
During that speech he stated that “men can’t birth babies” and “boys should not be allowed in girls’ locker rooms.”
Following Yarbrough’s remarks a U.S. Navy member in attendance filed a complaint which led to Yarbrough receiving an admonishment letter in August 2021.
Yarbrough filed a lawsuit in October 2023, saying his First Amendment rights were being violated by the punishment since he was an inactive reservist when he attended the ceremony.
The U.S. Armed Forces have traditionally placed limits on when military personnel can wear the uniform while being involved in activities that are political in nature.
Photo: top, Credit: Unsplash/Filip Andrejevic