*Military warned over Bible-verse court-martial*

Posted By *Bob Unruh* On 12/23/2015

A warning is being delivered to the U.S. military for court-martialing
Lance Cpl. Monifa Sterling for posting a Bible verse in her Camp LeJeune
work space.

“If the lower court’s ruling is left unchanged, religious freedom will be
subject to the whims of military supervisors and a chilling effect will
sweep across the military,” charges the Alliance Defending Freedom
<http://www.alliancedefendingfreedom.org> and the Chaplain Alliance, which
filed a friend-of-the-court brief in the appeal involving Sterling.

At three places in her work space, Sterling posted a phrase from Isaiah
54:17, “No weapons formed against me shall prosper.”

According to the brief, her supervisor said, “I don’t like the tone,” and
told her to take them down.

“When Sterling declined, her supervisor took them down at the end of the
duty day. Sterling reprinted and re-posted the messages, but she found them
in the trash the next morning. She was then court-martialed,” the brief
said.

But the supervisors actions, the brief contends, is contrary to the
Constitution and the law.

“No one in our military who goes to work every day to defend our freedoms
should then be court-martialed for exercising those very freedoms,” said
ADF Legal Counsel Daniel Briggs, a former Air Force JAG officer.

“This case is about Monifa, but it is also about every American who puts on
the uniform in service to this country. The question is whether they will
be allowed to exercise their faith in the military, or whether they will be
denied the same constitutionally protected freedoms they have volunteered
to defend and are willing to die for.”

First, the legal brief explained, “the orders clearly lacked a valid
military purpose for broadly restricting appellant’s private rights and
personal affairs.”

“The orders were not related to mission accomplishment or the maintenance
of good order and discipline. The record is devoid off any evidence
whatsoever of prejudice to good order and discipline; in fact, every
witness whose testimony touched on the issue, stated they never saw
anything distracting, agitating, or controversial on or near appellant’s
desk.”

Second, the legal standard is that such orders “must not conflict with the
statutory or constitutional rights of the person receiving the order.”

“The First Amendment to the United States Constitution has always protected
religious exercise. … In the present case, the orders were clearly unlawful
as they had no valid military purpose and conflicted with appellant’s
constitutional and statutory rights.”

The censorship also, the brief said, violated the Religious Freedom
Restoration Act.

“The Supreme Court acknowledged Congress’ mandate that RFRA ‘be construed
in favor of a broad protection of religious exercise, to the maximum extent
permitted by the terms of this chapter and the Constitution,’” the brief
said.

The censorship “substantially burden[ed]” her beliefs, the brief continued.

“It stands to reason that if a substantial burden potentially runs afoul of
RFRA, an absolute prohibition must.”

Finally, there was no compelling government interest in the censorship, the
document said.

The brief was filed with the U.S. Court of Appeals for the Armed Forces on
the case before the Navy-Marine Corps Court of Criminal Appeals.

“Congress and the courts have made it clear that religious freedom is truly
our first freedom; it must not be watered down and should be burdened only
in the most extreme circumstances,” said Chaplain (Col.) Ron Crews
(retired), executive director of Chaplain Alliance for Religious Liberty.

“This is just as true in the military. Though it is a unique institution
with a mission that must be accomplished, service members cannot be forced
to check their faith when they put on the uniform. Their religious freedom
is more precious than ever before and must be strongly defended. Those who
are willing to give all deserve nothing less.”

Earlier this year, <http://wnd.com/?p=2053055> WND reported Michael Berry
of Liberty Institute, who is representing Sterling, said Sterling has a
good chance of reversing the decision.

“If the government can order a Marine not to display a Bible verse, they
could try and order her not to get a religious tattoo or go to church on
Sunday,” Berry said at the time. “Restricting a Marine’s free exercise of
religion is blatantly unconstitutional.”



URL to article:
*http://www.wnd.com/2015/12/military-warned-over-bible-verse-court-martial/
<http://www.wnd.com/2015/12/military-warned-over-bible-verse-court-martial/>*


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