ACLJ: Military Participation in Patriotic Events Does Not Violate Constitution - Armed Services Urged to Take Part in Community Events

June 1, 2007

(Washington, DC) The American Center for Law and Justice (ACLJ), focusing on constitutional law, said today it has sent a letter to top military leaders urging them to continue their participation in patriotic community events despite allegations by Americans United for Separation of Church and State (AU) that involvement by the military in some events violates the separation of church and state.  In its letter to the leadership of the Air Force and Army, the ACLJ argues that the AU reasoning is legally flawed and that participation by members of the Armed Forces is not only proper but constitutional as well.

This is just another example of the use of intimidation tactics to force a flawed view of the Constitution on society this time the U.S. military, said Jay Sekulow, Chief Counsel of the ACLJ.  There is ample legal precedent to ensure that the involvement of the Armed Forces in patriotic celebrations that include religious speech is perfectly permissible and does not violate the Establishment Clause.  We urge the military to reject the flawed reasoning of Americans United and continue its long-standing tradition of taking part in patriotic community events this summer.  We sincerely appreciate the militarys service to our country and their commitment to defending our lives and freedoms at home and abroad.  And we are hopeful the military will continue to take part in community celebrations in the weeks and months ahead.

At issue was a celebration on Memorial Day in Georgia where the Air Force scaled back its flyovers and the Army cancelled its planned parachute demonstration after Americans United called on military leaders to distance themselves from the event because Christian groups were involved in the event.

In its letter to the Secretary of the Air Force and Acting Secretary of the Army, the ACLJ points out that AUs letter failed to explain that flyovers and parachute demonstrations are provided at a wide array of memorial and community events on a non-discriminatory basis.

Flyovers and parachute demonstrations are part of the militarys broader mission to become an integral part of every community, the letter states.   The Air Force and Army do not unconstitutionally endorse religion by simply allowing flyovers and parachute demonstrations to take place during religious aspects of large memorial events.  The ACLJ letter cites numerous Supreme Court decisions that underscore the fact that the Constitution requires the government to be neutral in its relations with groups of religious believers and non-believers not adversarial.

The ACLJ contends the participation of the military is not only permissible but an important part of its mission:  The Air Force and Armys practice of providing flyovers, parachute demonstrations, and similar activities at Memorial Day and other patriotic events on a non-discriminatory basis does not violate the First Amendment, the letter concludes. To the contrary, a reasonable observer with knowledge of the history, ubiquity, and context of the use of flyovers and parachute demonstrations at patriotic events would conclude that the military is promoting its important interests in recruiting, positive public relations, and building good will within the community.

The entire letter is available here.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.