SCOTUS Rejects Military “Religious Freedom” Case

Military.com reports:

The Supreme Court on Monday rejected an appeal from a former Marine who was court-martialed in part for expressing her Christian faith in the workplace. Lower courts had concluded orders from her military superiors did not constitute a “substantial burden” on her First Amendment rights. The justices on Monday upheld her court-martial without comment.

At issue was the extent a federal law on religious freedom protects members of the armed forces like Monifa Sterling, who continued posting biblical verses at her desk, despite orders from a superior that she remove them.

Sterling, who was a lance corporal stationed at Camp Lejeune, N.C., originally was court-martialed for various offenses relating to separate incidents — including disrespecting a superior officer, disobeying lawful orders, and failing to report to an assigned duty.

But the part of the case that fueled her court challenge involved orders to remove a personalized version of the biblical phrase from Isiah 54:17: “No weapon formed against thee shall prosper.” Sterling taped the verses in three spots on her workspace. Court testimony said Sterling’s superior repeatedly ordered her to remove the signs — and when she refused, trashed them.

More about how things really happened:

The charges against Sterling resulted from several separate, unrelated incidents over the course of five months. These incidents included failing to go to her appointed place of duty, disrespecting a commissioned officer, and disobeying direct orders from her superiors to wear the proper uniform. These incidents had nothing to do with religion or religious freedom.

The most serious of the charges that Sterling was found guilty of were her failing to go to her appointed place of duty, and her disrespecting of a commissioned officer in relation to that incident. Sterling was assigned the duty of giving out passes to family members visiting Marines who had just returned from a deployment.

This duty was to be for a few hours on a Sunday afternoon. Sterling claimed that she couldn’t perform this duty because she was on medication for migraines that made her drowsy, but, as the court-martial found, there was no reason that this medication would have interfered with Sterling performing this duty if she took it at night as prescribed.

But, as Sterling admitted, she was not planning to take her medication as prescribed on that Sunday. She was planning to take it earlier. Her reason? She was going to church and the loud choir at the church service might bring on a migraine.

Sterling was represented by the anti-LGBT hate group First Liberty. They wail:

“Because the Supreme Court did not decide to review the case, the travesty below by the Court of Appeals for the Armed Forces will now stand,” said Kelly Shackelford, President, CEO & Chief Counsel for First Liberty. “The military court’s outrageous decision means federal judges and military officials can strip our service members of their constitutional rights just because they don’t think someone’s religious beliefs are important enough to be protected. Our service members deserve better.”

After a trial court ruled against Sterling, she appealed to the Navy-Marine Corps Court of Criminal Appeals, but the appeals court also ruled against her. First Liberty Institute stepped in and appealed Sterling’s case to the Court of Appeals for the Armed Forces — the nation’s highest military court. On August 10, 2016, the CAAF ruled against Sterling. First Liberty appealed the decision to the U.S. Supreme Court on December 23, 2016.

And of course, the Family Research Council blames Obama for Sterling’s insubordination and shitty work practices.



The Supreme Court’s refusal to hear this case has the unfortunate effect of allowing a chill on religious expression in the military to continue, and only underscores the need for the Trump administration to root out the anti-religious animus allowed to fester in the military during the Obama administration. Defense Secretary Mattis must consider the many complex ramifications of anti-religious Obama-era policies that remain in effect.

The DOD and Congress need to ensure the priorities of the U.S. armed forces remain those that the Secretary has outlined: mission readiness, command proficiency, and combat effectiveness – not squelching religion – which is actually quite necessary to readiness and effectiveness. Holdover personnel from the Obama administration need to focus on these priorities, and not on the last administration’s social engineering projects that ignore military readiness.