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Dismissal of religious freedom suit sought

TOPEKA, Kan. — Justice Department officials want a lawsuit filed by a Fort Riley soldier and a foundation over alleged violations of religious freedoms dismissed, saying his complaints weren’t taken to the chain of command.

Government attorneys, in a motion filed this week in federal district court in Kansas City, Kan., said Spc. Jeremy Hall and the Military Religious Freedom Foundation lack standing to sue the Pentagon.

Hall and the foundation claim the military permits religious discrimination by fundamentalist Christians who try to force their views on others, especially subordinates.

Hall is an atheist and alleges his rights were violated by a higher-ranking officer in Iraq when he tried to hold a meeting with other atheists and freethinkers. Named in the lawsuit are Defense Secretary Robert Gates and Maj. Freddy J. Welborn, an Army reservist who Hall claims violated his religious freedoms by preventing the meeting.

The government’s motion claims Hall failed to exhaust military remedies to his complaints and that the military has ample policies to protect service members from religious discrimination. In doing so, attorneys cite a 1971 federal case spelling out a doctrine between military and civilian court jurisdictions.

“Judicial review would significantly interfere with Army operations and intrude on disciplinary and personnel decisions entrusted to military judgment,” the government wrote. “The Army was deprived of the opportunity to promptly investigate the alleged misconduct and take appropriate disciplinary action.”

Among the more than 300 pages filed Tuesday in federal court were the Army’s command policy and unit equal opportunity training guide.

Hall, who was raised Baptist in North Carolina, is assigned to a military police unit at Fort Riley and due to leave the Army next year.

Pedro Irigonegaray, a Topeka attorney representing Hall and the foundation, said the soldier couldn’t go through his chain of command to file a complaint because of fear of reprisal from superiors. Among the allegations are that Welborn threatened to take action against Hall for trying to hold his meeting.

“The rule of law and the Constitution will be applied equally, and the tides of injustices suffered by Jeremy Hall will be prevented in the future,” Irigonegaray said.

However, the government said there was no indication that any injury caused by Welborn would likely recur in the future, giving further grounds for dismissal.

Mikey Weinstein, president of the foundation, said the government’s claim that there was no evidence Hall or others were harmed by religious discrimination were false. He said the Army sent Hall back to Fort Riley late in 2007 because it couldn’t guarantee his safety from other soldiers who were threatening him with bodily harm.

Weinstein said the tolerance for a dominionist view of Christianity is pervasive at all levels of the Defense Department, making it difficult for complaints to be treated fairly.

“It’s ludicrous to go through the chain of command when all levels are under this tyranny,” he said.

Weinstein and the foundation have repeatedly raised concerns with the Pentagon over alleged discrimination and abuses by officers who promote their Christian views on others, including appearing in promotional videos for religious organizations.

Recently, they asked Gates to block the broadcast of a Trinity Broadcasting Network program by the musician Carman over the appearance of an Army general in uniform, which the foundation says gives the appearance of the military’s endorsement of a specific religion. The program aired July 4.

Last year, the Army reprimanded two generals for appearing in a promotional video for the Officers Christian Fellowship. Weinstein’s foundation has included these events as evidence in the federal case.

“The massive size of the DoD’s motion to dismiss against us reminds me of the novel ‘War and Peace,’ which is most apropos as we will now wage a furious litigation ‘war’ against the Pentagon to bring Constitutional religious ‘peace’ to all members of the United States military,” he said.