ACLJ: U. S. Military Participation in Patriotic Celebrations Does Not Violate Constitution

Armed Services Urged to Take Part in Holiday Events This Summer

WASHINGTON, June 1, 2007—"There is ample legal precedent to ensure that the involvement of the Armed Forces in patriotic celebrations that include religious speech is perfectly permissible and does not violate the Establishment Clause." - Jay Sekulow, ACLJ chief counsel

The nation's top conservative public interest law firm has sent a letter to top military leaders urging them to continue their participation in patriotic community events. The American Center for Law and Justice (ACLJ) sent the letter following allegations by Americans United for Separation of Church and State that involvement by the military in some events violates the separation of church and state. In its letter to the leadership of the Air Force and Army, the ACLJ argues that Americans United's reasoning is legally flawed and that participation by members of the Armed Forces is not only proper but constitutional as well.

'This is just another example of the use of intimidation tactics to force a flawed view of the Constitution on society - this time the U.S. military,' said Jay Sekulow, chief counsel of the ACLJ.  "We urge the military to reject the flawed reasoning of Americans United and continue its long-standing tradition of taking part in patriotic community events this summer. We sincerely appreciate the military's service to our country and their commitment to defending our lives and freedoms at home and abroad. And we are hopeful the military will continue to take part in community celebrations in the weeks and months ahead."

Americans United recently opposed a Memorial Day celebration in Georgia and asked military leaders to distance themselves from the event because of the involvement of Christian groups. In response, the Air Force scaled back its flyovers and the Army cancelled its planned parachute demonstration.

In its letter to the Secretary of the Air Force and Acting Secretary of the Army, the ACLJ points out that Americans United failed to explain that flyovers and parachute demonstrations are provided at a wide array of memorial and community events on a non-discriminatory basis.

"Flyovers and parachute demonstrations are part of the military's broader mission to become an integral part of every community," the letter states. "The Air Force and Army do not unconstitutionally endorse religion by simply allowing flyovers and parachute demonstrations to take place during religious aspects of large memorial events." The ACLJ letter cites numerous Supreme Court decisions that underscore the fact that the Constitution requires the government to be neutral in its relations with groups of religious believers and non-believers - not adversarial.

The ACLJ contends the participation of the military is not only permissible but an important part of its mission: "The Air Force and Army's practice of providing flyovers, parachute demonstrations, and similar activities at Memorial Day and other patriotic events on a non-discriminatory basis does not violate the First Amendment," the letter concludes. "To the contrary, a reasonable observer with knowledge of the history, ubiquity, and context of the use of flyovers and parachute demonstrations at patriotic events would conclude that the military is promoting its important interests in recruiting, positive public relations, and building good will within the community."

The entire letter is available online at www.aclj.org.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice specializes in constitutional law and focuses on religious liberty litigation. The ACLJ is based in Washington, D.C. and is online at www.aclj.org.
 

-30-