The high court today refused to hear an appeal from non-liturgical Protestant chaplains who say they were discriminated against by the Navy. They argued that the Navy exclusively appointed overage Catholic chaplains and allowed them to stay on active duty beyond mandated retirement ages so they could get retirement pensions.

The chaplains argued that their exposure to the Navy's "denominational preference" should give them standing to sue for discrimination.

A divided U.S. Circuit Court of Appeals for the District of Columbia ruled that the complaining chaplains don't have standing to sue, and the high court refused to re-examine that decision.

The case is Chaplaincy of Full Gospel Church v. Navy, 08-1057.