Know Your Rights: The ACLJ Continues To Fight for Religious Liberty in the U.S. Military

Many in our nation are concerned about the current state of the world, and understandably so. We hear differing reports about the Russia-Ukraine conflict daily. We are saddened by the brutal and unprovoked Hamas attack on innocent Israeli civilians (including women, children, and the elderly) on October 7, 2023.

Jesus knew these types of horrible conflicts would occur and told His disciples, “And you will hear of wars and rumors of wars. See that you are not troubled; for all these things must come to pass, but the end is not yet. For nation will rise against nation, and kingdom against kingdom.” In a separate passage, Jesus further explained: “These things I have spoken to you, that in Me you may have peace. In the world you will have tribulation; but be of good cheer, I have overcome the world.”

Many in our military might look to such Scriptures for encouragement to help navigate these uncertain times. Unfortunately, anti-Christian organizations exist that do not believe religion, specifically Christianity, has any place in our military. Think about that for a minute. Some organizations actively and aggressively oppose the religious rights of our military members – those who put their lives on the line to protect our religious freedom.

This is a troubling trend that the ACLJ refuses to ignore. In fact, over the years, the ACLJ has vigorously engaged in a variety of ways to ensure that the religious rights of our military members are protected. In July 2013, for example, an anti-Christian organization took issue with a military chaplain because he wrote an article “on a base website page called ‘Chaplain’s Corner’ which included the expression ‘No Atheists in Foxholes’ in its title.” Even though the chaplain did not violate the U.S. Constitution, federal law, or military regulations, the base commander removed the article. In response to this injustice, the ACLJ sent a letter to the base commander (with copies to the Secretary of Defense and the Secretary of the Air Force) explaining what the law actually says and why the anti-Christian organization got it wrong.

In July 2019, an anti-Christian organization sent a cease and desist letter to the United States Marine Corps (USMC) Trademark and Licensing Program Office, demanding that the USMC “immediately revoke and cancel the current approval for ‘Shields of Strength’ [SOS] to continue using the official USMC emblem on any and/or all of its religious items for sale.” SOS, at the time, was selling religious products that also included the official USMC emblem. As we explained, “If the USMC approved the sale of SOS religious products that include the official USMC emblem and also approved the sale of SOS non-religious products that include the USMC emblem, then there is not a First Amendment problem.” In response to this unfounded attack against Christians (and the USMC’s decision to pull the SOS license), the ACLJ sent a Freedom of Information Act request (“FOIA request”) to the USMC Headquarters to determine the basis for the USMC’s decision.  In July 2022, in response to our FOIA request, we received several pages of documents indicating that the USMC still did not correctly understand the way in which the First Amendment applied in this context. Nevertheless, the ACLJ is grateful to report that, despite this anti-Christian attack, SOS is thriving!

In December 2019, the ACLJ also responded to an unfounded anti-Christian complaint from an organization demanding that a Nativity scene be moved from the lobby of a “command’s HG building” to the installation chapel grounds. In response to this ridiculous demand, the ACLJ sent letters to each of the Judge Advocates General of the Army, Navy, Air Force, Marines, and Coast Guard, explaining that the Nativity scene did not need to be moved to the chapel grounds. In our letter, we emphasized that the military does not endorse one religious holiday over another merely because it permits such displays on a military installation. This anti-Christian organization’s flawed understanding of the First Amendment was on full display.

In addition to Nativity scenes, Bibles have also become targets. In April 2022, for example, we shared that an anti-Christian advocate

has charged that displaying Bibles and other Christian literature alongside a display of chocolate Easter bunnies and other goodies commonly associated with Easter in a gift shop at the Raymond G. Murphy VA Medical Center in Albuquerque has crossed the dreaded red line that separates church and state and, hence, violates the Establishment Clause of the First Amendment to the United States Constitution.

In response to this erroneous demand, we sent a legal letter to the Veterans Affairs (VA) New Mexico Health Care System’s Interim Director (and forwarded it to both the Secretary of Veterans Affairs and General Counsel of the Department) explaining why the decision by officials to remove the Bibles, rather than being in compliance with the U.S. Constitution, actually violated it by singling out religious expression for special detriment while favoring non-religious expression. We followed up our legal letter with a FOIA request demanding information related to those involved in this appalling decision. The records we obtained following our FOIA request confirmed that the VA hospital caved to the ridiculous demand. But we also confirmed that, after receiving our legal letter, they reversed course, at least in part. The ACLJ does not take these unfounded attacks lightly!

Bibles included as part of POW/MIA displays have also been targeted. One anti-Christian organization, in particular, mistakenly believes that the inclusion of a Bible in such a display is unconstitutional. The ACLJ remains vigilant to ensure that this flawed understanding of the First Amendment does not gain any ground (see here and here, for example). In April 2018, this anti-Christian organization sent a formal complaint to Rear Admiral Paul D. Pearigen, MC, USN, because a Bible was part of the POW/MIA Display at the Marine Corps Base Camp Butler in Okinawa, Japan. In response to this complaint, we sent a letter to Admiral Pearigen (with copies to the Chief of Naval Operations and the Judge Advocate General) explaining that “a passive display of a Bible when placed in a grouping of other symbols in remembrance of MIAs and POWs does not violate the Establishment Clause of the First Amendment.” Soon after Admiral Pearigen received our letter, he correctly declined to remove the Bible from the display.

As we reflect on our past work to protect the religious rights of our military members, we are grateful for the victories. But we also know that these anti-Christian threats will not stop. That is why we will not give up in this fight. We will continue to stand in the gap to ensure our military members’ religious rights are protected!

If your rights are being violated in this area, please contact us at ACLJ.org/HELP.