Supreme Court Won’t Hear Former Marine’s Religious Liberty Case

The standing decision "is going to affect the religious freedoms of all of those who serve us in uniform."

By Liberty McArtor Published on June 5, 2017

The Supreme Court declined to hear a case Monday involving a former Marine court-martialed in part for refusing to remove a bible verse from her work station. This means the ruling against LCpl Monifa Sterling from the Court of Appeals for the Armed Forces stands.  

The decision not to hear the case “is going to affect the religious freedoms of all of those who serve us in uniform,” warned First Liberty Institute President Kelly Shackelford. “And that really is a shame.”

Shackelford’s nonprofit is defending the former Marine. He called the CAAF decision a “travesty.” “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.”

United States v. Sterling was appealed to the Supreme Court last December. But the case is not as simple as it appears on first blush.

Sterling’s Court Martial

In 2013 Sterling displayed the phrase “No weapons formed against me shall prosper.” Summarized from Isaiah 54:17, the phrase was taped around her desk. When her supervisor objected, Sterling claimed displaying it was her First Amendment right. Sterling also noted that her coworkers displayed personal items at their desks. Later Sterling’s supervisor tore the phrase down. Sterling replaced the phrase, only to have it removed again. 

A court-martial followed. But refusing to remove the phrase wasn’t all Sterling was charged with. As The Stream previously reported, she was also charged with refusing an order, failing to report for duty, and lying about why she didn’t wear the proper uniform. She was convicted and given a bad conduct discharge. 

Exercise of Religion? 

First Liberty only disputed the conviction regarding the Bible verse. But last August, the CAAF considered the verse in the context of Sterling’s other charges:

This is not the usual case where an individual or group sought an accommodation for an exercise of religion and it was denied. Nor is it a case where the practice at issue was either patently religious, such as the wearing of a hijab … Rather, the claimed exercise of religion at issue in this case involved posting the printed words “[n]o weapon formed against me shall prosper” at a shared workspace in the context of Appellant’s contentious relationship with her superiors.

First Liberty attorney Mike Berry previously told The Stream the CAAF set a dangerous precedent. He claimed it could force service members to prove the importance of their beliefs in order to enjoy Constitutional protection. 

People shouldn’t be required to declare intentions “before we engage in religious activity,” he said.

Not Discouraged

Despite the CAAF’s ruling, First Liberty saw an “unusual” number of briefs supporting Sterling. Seven amicus briefs urged the Supreme Court to hear Sterling’s case. Amici included 13 retired military generals, 14 state attorneys general, 36 Congress members, and Dr. Simcha Goldman. Goldman was the plaintiff in a Supreme Court case involving the right to wear a yarmulke while in uniform. Goldman lost 5-4 in 1986.

Lt. Gen. (Ret.) Jerry Boykin was one of the generals who signed onto the amicus brief. Boykin said Monday the Supreme Court’s decision will have the “unfortunate effect of allowing a chill on religious expression in the military to continue.” He says the ruling, “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.”

Meanwhile, Shackelford claims he isn’t “discouraged” by Sterling’s outcome. “In fact it’s going to really cause us to redouble our efforts,” he said in a video. Shackelford noted First Liberty was previously undefeated in its military cases. 

“We plan to keep that record going,” he said. “Eventually we will get this taken care of across the country.”

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