The Atlanta Journal-Constitution carries an article on the recent complaint of a Jewish Army trainee regarding religious discrimination (see previous discussion).
The AJC notes that there were three “offenses”:
As noted at Fox News, a US Army trainee complained of religious discrimination after superiors used remarks denigrating to the Jewish faith and required him to remove his yarmulke. (As previously noted, some religious attire is authorized in uniform; in fact, the yarmulke is the only such attire specifically mentioned.)
The soldier also was the victim of assault. According to Fox News, the Army does not believe the events are connected. Michael Weinstein, however, not only believes they are, but believes that those responsible must be Christians.
[T]hese ever more frequent, tragic matters [are the result] of unbridled, military-sponsored Christian religious oppression…
Like every allegation, Weinstein said he intends to include this in his lawsuit(s).
Also noted at the Religion Clause.
According to a Kansas paper, Army Specialist Jeremy Hall (who is currently suing the Defense Department for “religious proselytizing”), was rebuffed in a visit to the IG to complain about “violations of his religious freedoms.” Weinstein said this “undermines” the DoJ’s move to dismiss, which cited Hall’s failure to use the in-place grievance systems.
According to the article, the visit occurred “earlier this month.” That would make it appear to be a response to the DoJ motion, which was filed last month, and possibly an attempt to generate content for Hall’s response to the motion, which is due next month. In addition, Weinstein (a former JAG) appears not to see a conflict of interest with the Army conducting an internal investigation about charges which are currently involved in, or related to, an ongoing federal lawsuit in which it is essentially a defendant.
According to the article, Weinstein also plans to bring up the fact that someone posted a mock Soldier’s creed (that ridiculed soldiers with medical duty waivers) in Hall’s platoon area. The article lists a previously unknown medical restriction for Hall. How Weinstein plans to integrate the faux creed about physical fitness into a lawsuit about religion is unclear. The sarcastic modification of military mantras is a fairly common brand of critical cynicism in the military, and is limited neither to the Army’s creed nor physical conditions.
CNN’s AC360 blog updates yesterday’s story with information on the government’s move to dismiss the suit. In a commentary that unapologetically sides with Specialist Hall, CNN’s Randi Kaye notes that Hall, an atheist,
…isn’t seeking money, just religious freedom…
Kaye then expresses shock that the defendant would have the gall to ask for the suit to be dismissed:
[T]he U.S. Government, the very government Hall agreed to serve and risk his life for, wants his lawsuit tossed out.
The only response included in the commentary is Hall’s admission that much of the premise of the government’s motion to dismiss is correct: he did not use any of the in-place military processes to address his griveances, because “nothing ever gets done.”
In a fairly well written argument, the government has filed a motion to dismiss the ongoing lawsuit against the Defense Department brought by Army Specialist Jeremy Hall and the Military Religious Freedom Foundation. (The response was due, and filed, on the 8th.) Salient points are below (emphasis added), though many were previously already talked about here.
The short version: he failed to use the systems in place to seek redress; the solutions he requests are already in place; and he does not allege harm by any “institutional bias” for which the only support is a list of vague references.
On the request that Secretary of Defense Gates be required to prevent Constitutional violations by his military subordinates:
Secretary Gates already exercises his authority to prevent constitutional violations through the Army’s existing Equal Opportunity Program — which Specialist Hall failed to invoke…
As previously noted, US Army soldier Jeremy Hall, represented by the MRFF, has sued the Army. The Associated Press picked up on the story, and it is now on CNN and Fox.
The AP has released an article describing how Weinstein dropped his lawsuit against the Army (discussed in previous posts 1, 2) so he could re-file it, adding an allegation that Specialist Jeremy Hall, his plaintiff, has been passed over for promotion as a result of the ongoing lawsuit. The text of the new suit is not yet available. As noted in the previous commentary, the lawsuit previously listed virtually every Christian ministry to the military as illegal entities, and continued to cite “Constitutional violations” about units that no longer existed.
As reported on the Religion Clause.
Happy New Year from ChristianFighterPilot.com.
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Each new year brings the traditional resolutions and, regrettably, a new wave of controversies. Weinstein’s lawsuit Read more