Tag Archives: supreme court

Weinstein on Accused Fort Hood Shooter Will Shave, or Be Shaved

Col Gregory Gross, the judge presiding over the murder trial of US Army Major Nidal Malik Hasan for the Fort Hood massacre, followed through on his threat and issued an order that Hasan must shave — or he will be shaved.

Gross…issued his order Thursday after a hearing to determine whether a federal religious freedom law applied to Hasan’s case.  Soldiers may be granted permission to grow beards for religious reasons, and six soldiers have been allowed to do so: a rabbi, two Muslim doctors and three Sikhs, according to Army records.

Hasan said he is violating regulations not out of disrespect, but of religious requirement:

Hasan told the judge last week that he grew a beard because his Muslim faith requires it, not as a show of disrespect. Gross ruled Thursday that the defense didn’t prove Hasan is growing a beard for sincere religious reasons.

While the whole concept might sound a bit odd to outsiders, forced Read more

Marine to be Discharged over Facebook Posts

US Marine Sgt. Gary Stein will reportedly be administratively separated with an “Other than Honorable” discharge as a result of his “political” Facebook activities:

The Commanding General for Marine Corps Recruit Depot San Diego…has approved the board’s recommendation that Sgt. Stein be separated from the Marine Corps with an “other than honorable” discharge.

The Sgt’s case is so high profile the Marines took the unusual step of Read more

Justice Department Defends Mount Soledad Memorial

President Obama’s Justice Department is reportedly appealing the case of the Mount Soledad Memorial to the US Supreme Court.  (A similar petition was filed by the Liberty Institute.) The 9th Circuit court of appeals previously ruled the 43-foot cross unconstitutional.

The government should not be required “to tear down a cross that has stood without incident for 58 years as a highly venerated memorial to the nation’s fallen service members,” Solicitor General Read more

Mount Soledad Memorial Ruling Appealed to Supreme Court

The Liberty Institute has petitioned the US Supreme Court to reverse the ruling of the 9th Circuit, which held the 43-foot cross on Mount Soledad near San Diego was unconstitutional.  The 9th Circuit denied an en banc review.

Last year’s ruling by the 9th Circuit U.S. Court of Appeals capped two decades of legal challenges over the cross that was used for Easter celebrations in the early 1900s and later became a memorial to Korean War Read more

JFW: The Religious Rights of Those in Uniform

The Journal of Faith and War has published a lengthy set of articles on “The Religious Rights of those in Uniform.”  The series was written by Jay Sekulow and Robert Ash.  Dr. Sekulow is chief counsel of the American Center for Law and Justice (and debated Michael Weinstein at the US Air Force Academy in 2007).  Robert Ash (USA, Retired) is a West Point graduate, served 22 years in the Army, and teaches law at Regent University.

The articles originally appeared as “Religious Rights and Military Service” in Attitudes Aren’t Free: Thinking Deeply about Attitudes in the US Armed Forces, which contained the infamous article by Chris Rodda denigrating the celebration of Easter by Christians in the military.

The publication is a refreshingly positive perspective on what men and women of faith can do while serving in the US military.  So often critics have emphasized (or created an environment focused on) impermissible conduct; as a result, some military members (or religious persons considering military service) may assume their religious exercise is restricted.

That is not the case, as the JFW articles show.

The first article covers the “General Legal Principles” Read more

Supreme Court Deals DADT Repeal Death Blow?

Despite President Obama’s continuing assurances about the pending repeal of the policy known as “Don’t Ask, Don’t Tell,” there are already murmurings the repeal rider to the Defense Authorization Act is effectively dead.  Now, the Supreme Court may have put another nail in the coffin of repeal, and it wasn’t their recent decision to uphold the appellate court’s stay, which allows DADT to be enforced while the trial continues.

It was Justice Kagan’s non-participation in the ruling:  Read more

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