Tag Archives: supreme court

Mt Soledad Memorial Cross Ruled Unconstitutional. Again.

US District Judge Larry Burns ruled that the Mount Soledad war memorial cross must be removed from its perch above San Diego, but he immediately stayed his own order pending appeals.

While recent news reports have focused on the order to remove the cross, this is actually old news in the two-decade old case, and Judge Burns has essentially acted only to move the case forward — not end it. In fact, Judge Burns disagrees with his own ruling:

The five-page order, issued Thursday, makes clear that Judge Burns does not believe the Mount Soledad cross violates the First Amendment’s Establishment Clause. “This court previously held (and continues to believe) Read more

Newsworthy? Homosexuals Get Military Benefits

Since the Supreme Court overturned a portion of the Defense of Marriage Act, many outlets have run news stories about homosexuals obtaining military benefits, some published by the military itself.

The US Army made a point of publishing a press release highlighting that “Same-sex spouses of Soldiers now receiving benefits.”  It also reiterated the controversial “gay leave” policy:

Soldiers assigned to duty stations within Read more

Most Read: The Religious Rights of Those in Uniform

Over at the Journal of Faith and War, one of the most read articles is “The Religious Rights of Those in Uniform,” written by Robert “Skip” Ash, a 22-year Army veteran and Jay Sekulow of the ACLJ.

The lengthy but thorough essay gives an excellent discussion on the issues of religious liberty, the law, the Constitution, and military policy.

There are growing numbers of persons and advocacy groups in the United States actively seeking to remove from public life — including in the armed services — virtually all symbols and expression of religion and America’s religious heritage by advocating strict separation of church and state. Many of these groups are already actively engaged in filing lawsuits against DOD and its leaders over various concerns about religious expression in the armed services…  Read more

DoD Celebrates SCOTUS Ruling on Homosexuality

The Department of Defense issued a plethora of statements celebrating the Supreme Court ruling that invalidated a portion of the Defense of Marriage Act (DOMA) which had prevented the Federal government from recognizing homosexual “marriage.”  The ruling paves the way for the US military to provide marital benefits to homosexual couples.

In an initial statement, the DoD “welcomed” the ruling and said  Read more

Groups File Amicus Briefs Supporting DOMA

Multiple groups have filed Supreme Court briefs in support of the Defense of Marriage Act:

The Chaplain Alliance for Religious Liberty filed a brief co-signed by 21 endorsers representing more than 2,500 US military chaplains.  The CARL brief accurately notes US troops in general — not just chaplains — will be affected by the “burden on religious liberty” should the military recognize homosexual “marriage.”  CARL had a fairly blunt summary:

the military has no tolerance for racists, so service members who are openly racist are not service members for long.  And if the traditional religious views on marriage and family become the constitutional equivalent of racism, Read more

Atheists Continue Fight Against Military Memorials

As noted previously, a group of atheists (or anti-religionists) at the Freedom From Religion Foundation is trying to bring Jesus down from the mountain.  After finally producing an actual plaintiff, a federal judge has ruled they have standing to continue their lawsuit:

The Knights of Columbus and four others had requested that the lawsuit be dismissed since the Freedom From Religion Foundation had not 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

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