Tag Archives: noah feldman

Precedent? Bible-Quoting Court-Martialed Marine’s Conviction Upheld

Monifa Sterling was court-martialed by the US Marine Corps for a variety of charges. One was failure to obey an order, when she refused after being told to remove three print-outs of a paraphrased Bible verse from her desk.

With the help of the First Liberty Institute, Sterling appealed to the highest military court, the US Court of Appeals for the Armed Forces, on the basis that the Religious Freedom Restoration Act protected her religious exercise. (Despite some ignorant mockery from Mikey Weinstein’s Chris Rodda, the remaining charges for which she was convicted were not appealed, meaning her Bad Conduct Discharge wasn’t going to change.)

In a 4-1 ruling (PDF), the court upheld her conviction on that charge.

One interesting result was the court seemed unanimous in its “reject[ion]” of the logic used by the lower court, the US Navy-Marine Corps Court of Criminal Appeals, which said (PDF) the order to remove the signs was  Read more

Professor Erroneously Cites Military Religious Freedom

Noah Feldman, a columnist for Bloomberg and professor of constitutional and international law at Harvard, recently penned an article appealing for public support against Mississippi’s religious protection statutes [emphasis added]:

Signed in April, the Mississippi law calls itself the “Protecting Freedom of Conscience from Government Discrimination Act.” …

It should be held unconstitutional because it violates the establishment clause of the First Amendment by singling out one set of religious beliefs for positive treatment.

To buttress his argument against “the danger of religious exemptions,” Feldman cited Goldman v Weinberger, the landmark case in which the US Supreme Court Read more