Tag Archives: Constitution

Free Speech, the Constitution, and the US Military

With a few recent controversies over US troops making (or being prohibited from making) religious statements, a common thread has found its way into a few responses that demonstrates a fundamental misunderstanding of the US Constitution.

These comments were along the lines of “if he worked for a private company [the soldier] would be fired” for making a religious statement, or this one from an MRFF supporter:

This is so ironic: A civilian employer can monitor and repress “free speech” in the workplace, yet the military…is supposed to let these Talicrisps (fundamentalist christians with fried brains) just rant freely…

For those who haven’t read the Constitution lately, the US Constitution prevents the government from restricting the rights of its citizens. The Constitution does not restrict a private citizen from restricting the rights of another citizen.

While there are many nuances, a private company can Read more

ACLJ: AF Commander Unwitting Pawn in MRFF Strategy

Skip Ash, the senior litigation counsel for the American Center for Law and Justice, has stated that in its effort to appease Michael “Mikey” Weinstein, the Air Force actually committed the very violation it thought it was trying to avoid:

Despite the MRFF rantings, the chaplain committed no violation of the U.S. Constitution, federal law or military regulations by what he did. It was the commander at the base and his staff who actually wronged the chaplain by buying into the MRFF’s skewed view of what the Constitution and military regulations require. The commander was wrong.

The ACLJ also sent a letter (PDF) to Col Brian Duffy, the base commander who ordered Chaplain Kenneth Reyes’ article removed because of someone’s claimed “offense.”  The letter rightly notes Blake Page, Michael Weinstein’s “special assistant,” didn’t even get the basic facts of the situation correct, nevermind accurately apply the law [emphasis added]:  Read more

Atheist Misrepresents Facts in Crusade for Atheist Chaplains

Jason Torpy, a former Army Captain and atheist leading a one-man crusade to install a humanist chaplain in the US military, has stooped to misrepresentation to support his cause.  Again.

After years of misrepresenting military demographics to claim non-theists are a substantial portion of the US military, Torpy has recently started distancing himself from his own claims — not long after a member of Congress pointed out that certain people demanding atheist chaplains

make vastly exaggerated claims about the religious demographics of the military.

Torpy’s modus operandi, however, appears to continue in his other battles.

First, Jason Torpy — who says he is the endorsing agent for Jason Heap, the man attempting to be a humanist chaplain in the US Navy — has repeatedly used selective quotations from Department of Defense regulations to claim the military is required to allow humanist chaplains.  Most recently he said [formatting original]:  Read more

Humanists Denied Wedding in Naval Academy Chapel

Former Army Captain and current atheist Jason Torpy is keeping busy.  While currently claiming to act as the endorsing agent for a proposed humanist chaplain, he’s also trying to act as an officiant for a humanist wedding at the US Naval Academy.  The only problem for the “Reverend” Torpy: Annapolis reserves its Christian chapel for Christian ceremonies.

Jennifer Erickson, an academy spokeswoman, said in an email that the Naval Academy Chapel is a religious venue that has been used for Protestant and Catholic services since its dedication in 1908.

“The chapel contains permanent Christian architectural features that make it inappropriate for non-Christian or non-religious wedding ceremonies,” Erickson wrote in response to questions about the request. “For requests involving non-Christian and non-religious wedding ceremonies, the Naval Academy offers alternative venues, such as the non-denominational chapel and the Naval Academy Club.”

Because the Christian chapel has unmatched “grandeur” — including the crypt of famed seaman John Paul Jones — the humanists complain that nothing else will do.  The non-theists apparently admire theistic architecture.

To be clear, there are several chapels at Annapolis, including a Jewish Read more

Atheist Chaplain Canard Continues

Ever since US Rep Jared Polis (D-Co) tried to specifically authorize atheist chaplains in the US military there has been one misrepresentation after another over what the government is “required” to do, or what atheist troops even want.

The most interesting argument is that Congress cannot require a Chaplain to be “religious” because of the Constitution’s prohibition on “no religious test” for public office.  It’s a bit pedantic, but at least you can see the (attempted) logic of the argument.  (Given the language and reasoning of George Washington’s creation of the military chaplaincy, and even Congress’s own centuries-old chaplaincy, it is unlikely that such semantic gymnastics were their intent.)

Another repeated but misrepresented claim has been that the Appropriations bill amendment sponsored by US Rep John Fleming (R-La) did “nothing” (according to atheist Jason Torpy) because the current regulations allow non-theistic chaplains, so long as their organization is endorsed by the IRS.  A PhD writing a blog at the Huffington Read more

Air Force Chief Scrubs Unit of Religious Resources

A high ranking member of the Air Force tears down posters at his base because he disagrees with their religious viewpoint.  Think that’s actionable?

Michael Weinstein’s research assistant, Chris Rodda, once railed against a group of military Christian officers who had the gall to publicly state their Christian beliefs to an audience of fellow believers.  Weinstein himself called for a General officer to be court-martialed for telling his subordinates about the ‘life rules’ he lived by — which included references to God.  In these and other cases Weinstein and his acolytes have decried as illegal and unconstitutional the words of military members expressing portions of their religious faith. To be clear, there were no actions involved — only words consistent with the protected exercise of religious liberty.

It seems for a couple of military atheists, though, there’s certainly some action — and thus far, Weinstein has yet to defend “religious freedom” from their conduct:

An enlisted Airman recently introduced himself by his name and rank to a group of like-minded military atheists:    Read more

MRFF Threatens Lawsuit over Military Religious Liberty Bill

Michael Weinstein has threatened to file a lawsuit if Congress passes the 2014 National Defense Authorization Act with the religious liberty amendment intact.

Weinstein said that he would immediately sue if the amendment passes, calling it “completely unconstitutional.”

No one need worry.  It seems every time you turn around Weinstein is threatening to sue someone.  (For a short list, web search “Mikey Weinstein tell it to the judge.”)  Weinstein followed through on his threats against the US military only four times (and lost every time).  He then promised to appeal (“Technicality!” he cried)… and he then did nothing.  He appears to know that saying “I’ll sue” will get him quoted in the press, which is all he really wants.

As an aside, it is somewhat entertaining to see how the Religion News Service described Weinstein: Read more

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