Tag Archives: david fitzkee

Linell Letendre Named USAFA Law Department Head (Video)

USAF LtCol Linell Letendre has been named as a new permanent professor to “lead the law department” for the US Air Force Academy:

“Lt. Col. Letendre’s selection for permanent professor indicates the trust placed in her by those who lead our nation,” said Brig. Gen. Andrew Armacost, the Academy’s dean of the faculty. “Her impeccable record of service and dedication to education will strengthen the Academy and nation as we strive to develop leaders of character.”

Ordinarily such a staffing decision hardly rates notice, much less an official press release, but the status of permanent professor at a military academy requires Senate approval and bestows a permanent rank of Colonel, making it somewhat notable.

Potentially more notable, however, are LtCol Letendre’s unique qualifications. Far from being an unknown JAG, Letendre has become a veritable “go to” legal officer in cases involving religion or homosexuality (or both).
LtCol Linell Letendre
In 2007, she and retired US Army Major David Fitzkee (also a USAFA law professor) co-authored a paper in the Air Force Law Review entitled “Religion in the Military: Navigating the Channel Between the Religion Clauses“. This paper was called a “definitive work” on the subject. As noted previously, Fitzkee wrote an abridged and updated version of this same article in 2012, and both works contained strong positive and strong negative statements on regarding military religious freedom.

Their paper was subsequently published again in Attitudes Aren’t Free, a collection put together by then-LtCol James Parco (an avowed supporter of Michael “Mikey” Weinstein and frequent critic of Christians in the US Air Force).

Letendre was also the legal advisor to US Army General Carter Ham while he was co-chair of the controversial Comprehensive Review Working Group tasked to assess the impact of repealing the policy known as “Don’t Ask, Don’t Tell.”

Letendre’s advice Read more

Military Professors Debate Religion in the Military, Part 2

Dr. Don Snider (Col, US Army, Retired), a Political Science instructor at the US Military Academy at West Point, responded to USAFA law instructor David Fitzkee’s (Maj, US Army, Retired) prior Parameters article on religious freedom with a commentary criticizing the analysis of command involvement.  Regarding the memorandum on religious neutrality issued last year, Snider said

It seems fair to say that the Chief of Staff of the US Air Force does not trust some of his Commanders to correctly fulfill their responsibilities to “support individual Airman’s needs and provide opportunities for the free exercise of religion.” So, he has withdrawn autonomy from all of his Commanders to do so, turning it over to their Chaplains.

Snider accurately notes that this singles out issues of religion for separation from command guidance:  Read more

Military Professors Debate Religion in the Military, Part 1

David Fitzkee (Maj, USA, Retired) is a law professor at the US Air Force Academy.  In the fall of 2011 he had an article published in Parameters (vol. 41, no. 3), (“The US Army’s Senior Professional Journal”) entitled “Religious Speech in the Military: Freedoms and Limitations.”

The 14-page essay is an interesting read, and it opens with a strong premise:

It is crucial that military leaders understand and respect the scope of religious speech rights. Honoring the constitutional rights of subordinates is inherently the “right thing to do” in a society and military governed by the rule of law, particularly when all military leaders take an oath to support the Constitution.

Unfortunately, the very next paragraph of the introduction sets a poor tone for the paper:

Failure to understand the rights and limits concerning religious speech can adversely affect the mission…It can result in internal investigations into allegations of violations or even lawsuits against the military, both of which entail substantial time, effort, and distraction from the mission.

Maj Fitzkee aptly notes that “investigations into allegations of violations” can “distract from the mission” — but he illogically assumes Read more