Written by Don Byrd
An “antagonistic relationship” between a Marine and her superiors, which included a dispute over her insistence on posting Bible verses at her desk, has turned into a legal dispute that has reached the U.S. Court of Appeals for the Armed Forces. The Court will consider whether the Religious Freedom Restoration Act (RFRA) protects Monica Sterling’s defiance of direct orders to remove the Bible verses.
McClatchy-Tribune reports that Sterling has some high-profile support for her position:
Forty-two members of Congress, from Republican Rep. Tom McClintock of California and four Texas House Republicans to Reps. Walter Jones and Robert Pittenger of North Carolina, joined with the American Center for Law and Justice in an amicus brief supporting Sterling’s appeal.
Adding even more heft, Sterling’s petition was assisted by Paul Clement, a former solicitor general in the George W. Bush administration who has argued more than 75 cases before the U.S. Supreme Court. Clement will be making his first argument before the military court on Sterling’s behalf.
“Plainly, her conduct was part of a system of religious belief,” Sterling’s petition states.
RFRA protects the free exercise of religion against substantial burdens from government. Whether the law considers posting Scripture at a military desk to be an exercise of religion, whether an order prohibiting such posting is a substantial burden, and if so whether the government has a compelling interest justifying the order, all remain open questions the court may address.
Stay tuned.
