Court hears ex-Marine’s religious freedom case.
A federal appeals court on Wednesday weighed the case of a former Marine court-martialed in part for expressing her Christian faith while on the job – though the Marine’s lawyer faced tough questions from judges who suggested she was “thumbing her nose at a superior” with her actions.
Monifa Sterling, while with the Marines, had posted biblical verses at her desk, despite orders from a superior to remove them. At issue in Wednesday’s case is the extent to which a federal law on religious freedom protects members of the Armed Forces like her.
The central issue of free speech on government property, especially within a military context, has made this case closely watched. But several judges hearing the case at a 45-minute oral argument seemed skeptical Sterling had done enough to assert her right to post the messages.
“The military is a structured society,” said Chief Judge Charles Erdmann of the U.S. Court of Appeals for the Armed Forces. “How can we hold the military at fault when no request for an accommodation was made?”
“They are supposed to be neutral” on matters of religion, said Judge Scott Stucky. “Does throwing a cloak of religion over this case excuse it from a court-martial?”
Sterling, who was a lance corporal stationed at Camp Lejeune, N.C., was court-martialed for various offenses relating to separate incidents — including disrespecting a superior officer, disobeying lawful orders and failing to report to an assigned duty. She was reduced in rank, was given a bad-conduct discharge, and has since left the service.
Part of the broader case against her stemmed from a personalized version of the biblical phrase from Isiah 54:17: “No weapon formed against thee shall prosper.” Sterling taped the verses in three spots on her workspace, including her computer.