Showing posts with label Military base. Show all posts
Showing posts with label Military base. Show all posts

Wednesday, November 24, 2021

11th Circuit Rejects Nuclear Protesters' RFRA Defense

In United States v. Grady, (11th Cir., Nov. 22, 2021), the U.S. 11th Circuit Court of Appeals upheld the convictions of three members of the Plowshares movement, a Catholic protest organization opposed to nuclear weapons. Defendants were convicted for their illegal entry onto a Naval submarine base that was followed by a religious "symbolic disarmament" protest. The court rejected defendants' argument that their indictments should have been dismissed under the Religious Freedom Restoration Act, saying in part:

In this case, the parties agree that the defendants were exercising sincerely held religious beliefs, the government substantially burdened the defendants’ religious exercise, and the government has a compelling interest. Accordingly, the fourth prong in the RFRA analysis is the only prong in dispute in this appeal—whether the government met its burden of demonstrating that criminal prosecution of the defendants was the least-restrictive means of furthering its significant compelling interests in the safety and security of the naval base, naval base personnel, and naval base assets....

[I]n order to be a viable least-restrictive means for purposes of RFRA, the proposed alternative needed to accommodate both the religious exercise practiced in this case— unauthorized entry onto the naval base and destructive actions, including spray painting monuments, doors, and sidewalks, pouring human blood on doors and other areas, hammering on a static missile display, hanging banners and crime scene tape, as well as removing and partially destroying signage and monuments around the naval base—and simultaneously achieve the government’s compelling interests in the safety and security of the naval base, naval base assets, personnel, and critical operations....

[N]othing in RFRA supports destructive, national-security-compromising conduct as a means of religious exercise. 

Monday, October 12, 2015

Marine Base Will Not Remove Sign Calling For God's Blessing

AP reported yesterday that the commander of the Marine corps base on Oahu, Hawaii has rejected a call by the Military Religious Freedom Foundation that the military move or take down a sign put up after 9-11 which reads: "God bless the military, their families and the civilians who work with them." MRFF head Mikey Weinstein says the group represents 72 marines on the base, and wants the sign removed or moved to the grounds of the base chapel.  Alternatively Weinstein proposes that other signs be put up alongside this one, reading, for example, "Goddess bless...."  MRFF says that the current sign violates the Establishment Clause.

Thursday, February 27, 2014

Protester At Center of SCOTUS Decision On Military Base Protests Was Catholic Worker Movement Adherent

Yesterday the U.S. Supreme Court in United States v. Apel, (US Sup. Ct., Feb. 26, 2014), held that a federal statute which makes it a crime to re-enter a military installation after the base commander orders a person not to do so applies to a protest area at Vandenberg Air Force Base that is open to the public.  The Court describes John Dennis Apel, the protester involved in the case, as an antiwar activist. It says nothing about the religious basis for Apel's protests found in his involvement in the Catholic Worker Movement. Here is some insight into Apel's religious beliefs from a Dec. 2013 article reprinted on the Pacific Life Community's website:
[Apel] and a dedicated core of volunteers — including his wife of 15 years, Tensie — provide food and clothes to the community’s poor. They run a summer children’s program and a weekly free medical clinic.
The couple are devotees of the Catholic Worker movement, a social reform cause committed to social justice, pacifism and voluntary poverty that they’ve dedicated most of their adult lives to promoting.
They receive no salary — the couple and their two young children survive on his Social Security income, as well as donations and the charity of others.
For more than a dozen years, as part of Mr. Apel’s deep peace-oriented belief system, he has regularly stood outside the gates of Vandenberg, protesting what he believes is an immoral military mission. He has been arrested 15 times, and received “ban and bar” citations that restrict his ability to protest near the classified military installation.

Thursday, December 19, 2013

Service Members Object To Chrechès At Guantanamo

The Navy Times reports this week that 18 active duty service members stationed at Guantanamo Bay, Cuba are complaining about two Nativity scenes that have been placed in on-base galleys.  They want them moved to the on-base chapel. In an e-mailto the Military Religious Freedom Foundation asking for help, the objecting service members wrote:
Our local military family encompasses many faiths and beliefs to include Muslim, Jewish, Wiccan, Buddhist, Agnostic and other denominations. By placing these displays in prominent common areas, the impression is that one faith is better than others, and that the military institution singularly promotes Christianity.
[Thanks to Dawinder Sidhu via Religionlaw for the lead.]