TOPEKA, Kan. – A soldier claimed Wednesday that his promotion was blocked because he had claimed in a lawsuit that the Army was violating his right to be an atheist.
Attorneys for Spc. Jeremy Hall and the Military Religious Freedom Foundation refiled the federal lawsuit Wednesday in Kansas City, Kan., and added a complaint alleging that the blocked promotion was in response to the legal action.
The suit was filed in September but dropped last month so the new allegations could be included. Among the defendants are Defense Secretary Robert Gates.
Hall alleges he was denied his constitutional right to hold a meeting to discuss atheism while he was deployed in Iraq with his military police unit. He says in the new complaint that his promotion was blocked after the commander of the 1st Infantry Division and Fort Riley sent an e-mail post-wide saying Hall had sued.
Fort Riley spokeswoman Alison Kohler said the post "can't comment on ongoing legal matters" and offered no further statement.
According to the lawsuit, Hall was counseled by his platoon sergeant after being informed that his promotion was blocked. He says the sergeant explained that Hall would be "unable to put aside his personal convictions and pray with his troops" and would have trouble bonding with them if promoted to a leadership position.
Hall responded that religion is not a requirement of leadership, even though the sergeant wondered how he had rights if atheism wasn't a religion. Hall said atheism is protected under the Army's chaplain's manual.
"It shouldn't matter if one is Christian, Jewish, Muslim, Buddhist or atheist," said Pedro Irigonegaray, an attorney whose firm filed the lawsuit. "In the military, all are equal and to be considered equal."
Maj. Freddy J. Welborn was named in the lawsuit as the officer who prevented Hall from holding a meeting of atheists and non-Christians. It alleges that Welborn threatened to file military charges against Hall and to block his re-enlistment. Welborn has denied the allegations.
The lawsuit alleges that Gates permits a military culture in which officers are encouraged to pressure soldiers to adopt and espouse fundamentalist Christian beliefs, and in which activities by Christian organizations are sanctioned.
Hall's attorneys say Fort Riley has permitted a culture promoting Christianity and anti-Islamic sentiment, including posters quoting conservative columnist Ann Coulter and sale of a book, "A Politically Incorrect Guide to Islam," at the post exchange.
The Pentagon has said that the military values and respects religious freedoms, but that accommodating religious practices should not interfere with unit cohesion, readiness, standards or discipline.
Mikey Weinstein, president and founder of the religious freedom foundation, said the lawsuit would show the "almost incomprehensible national security risks to America" posed by the military's pattern of violating the religious freedom of those in uniform.
"It is beyond despicable, indeed wholly unlawful, that the United States Army is actively attempting to destroy the professional career of one of its decorated young fighting soldiers, with two completed combat tours in Iraq, simply because he had the rare courage to stand up for his constitutional rights," Weinstein said in a statement.
Weinstein previously sued the Air Force for acts he said illegally imposed Christianity on its students at the academy. A federal judge threw out that lawsuit in 2006.