The Uninspired Manifesto

I already covered this story in a previous post, but I'm bringing it back up because charges are finally being filed. From Truth Out.

A military watchdog organization filed a lawsuit in federal court Tuesday against the Pentagon, Secretary of Defense Robert Gates, and a US Army major, on behalf of an Army soldier stationed in Iraq. The suit charges the Pentagon with widespread constitutional violations by allegedly trying to force the soldier to embrace evangelical Christianity and then retaliating against him when he refused.

The complaint, filed in US District Court in Kansas City, by the nonprofit Military Religious Freedom Foundation (MRFF), on behalf of Jeremy Hall, an Army specialist currently on active duty in Speicher, Iraq, alleges that Hall's First Amendment rights were violated beginning last Thanksgiving when, because of his atheist beliefs, he declined to participate in a Christian prayer ceremony commemorating the holiday.

"Immediately after plaintiff made it known he would decline to join hands and pray, he was confronted, in the presence of other military personnel, by the senior ranking ... staff sergeant who asked plaintiff why he did not want to pray, whereupon plaintiff explained because he is an atheist," says the lawsuit, a copy of which was provided to Truthout. "The staff sergeant asked plaintiff what an atheist is and plaintiff responded it meant that he (plaintiff) did not believe in God. This response caused the staff sergeant to tell plaintiff that he would have to sit elsewhere for the Thanksgiving dinner. Nonetheless, plaintiff sat at the table in silence and finished his meal."

Moreover, the complaint alleges that on August 7, when Hall received permission by an Army chaplain to organize a meeting of other soldiers who shared his atheist beliefs, his supervisor, Army Major Paul Welborne, broke up the gathering and threatened to retaliate against the soldier by charging him with violating the Uniform Code of Military Justice. The complaint also alleges that Welborne vowed to block Hall's reenlistment in the Army if the atheist group continued to meet - a violation of Hall's First Amendment rights under the Constitution. Welborne is named as a defendant in the lawsuit.

"During the course of the meeting, defendant Welborne confronted the attendees, disrupted the meeting and interfered with plaintiff Hall's and the other attendees' rights to discuss topics of their interests," the lawsuit alleges.

The complaint charges that Hall, who is based at Fort Riley, Kansas, has been forced to "submit to a religious test as a qualification to his post as a soldier in the United States Army," a violation of Article VI, Clause 3 of the Constitution.

The Military Religious Freedom Foundation said Defense Secretary Robert Gates is named as a defendant in the lawsuit because he has allowed the military to engage in "a pattern and practice of constitutionally impermissible promotions of religious beliefs within the Department of Defense and the United States military."

The lawsuit seeks an injunction against Welborne from further engaging in behavior "that has the effect of establishing compulsory religious practices" and asks that Gates prevent Welborne from interfering with Hall's free speech rights.

I'll follow this case as far as it goes, though I'm not sure how far that will actually be, and bring you updates when they come in.