Atheists Say Lunchtime Prayers at Naval Academy Are Unconstitutional

CNSNews.com ^ | 9/05/03 | Lawrence Morahan

[kattracks]

CNSNews.com) - A group that claims to represent atheists in the U.S. military is protesting a decision by the Naval Academy to continue letting chaplains lead a mealtime prayer for midshipmen each weekday at lunch, arguing the practice violates the cadets' constitutional rights.

Bart Meltzer, director of regional operations for American Atheists and a retired U.S. Navy veteran, said chaplain-led prayer creates the impression that the government is telling people that they have to hold specific beliefs, in violation of the Establishment Clause.

"Even though it's non-denominational, it's still a religious belief. It does not matter what denomination it is or how many it includes, in this case it's monotheistic and we're against any kind of government-endorsed prayer for any type of belief system," including atheism, Meltzer said.

The practice also violates Department of Defense Directive 1350.2 because it gives preferential treatment to midshipmen with monotheistic religious beliefs, Meltzer said.

It also runs afoul of the Office of the Chief of Naval Operations Instruction 5354.1E, Meltzer charged. "Paragraph 6.d states that any violation of this instruction is punishable by the Uniformed Code of Military Justice," he said.

American Atheists is filing complaints with the chief of Naval Operations and with the secretary of Defense to stop the practice, Meltzer said.

The protest by both the American Atheists and the Military Association of Atheists and Freethinkers is the latest in a series of attacks on chaplain-led prayer at military institutions.

A federal judge ruled in January of last year that saying grace before dinners at the Virginia Military Institute, a state-supported military school, was unconstitutional.

The Virginia chapter of the American Civil Liberties Union had filed a lawsuit against the school on behalf of two cadets who had complained about the prayers.

A three-judge panel of the 4th U.S. Circuit Court of Appeals unanimously upheld the lower court decision in a ruling in April. Last month, the full court refused to reconsider the case.

Virginia Attorney General Jerry Kilgore said in a statement the state would appeal the decision to the U.S. Supreme Court.

"These prayers are part of VMI's educational program and are precisely the kind of prayers recited in the United States military, on ships at sea each night, and before lunch at the United States Naval Academy," Kilgore said.

"Furthermore, no one is required to recite the prayer, bow his or her head, or even participate in its recitation," Kilgore said.

Elaine Donnelly, president of the Center for Military Readiness, noted that courts have decided in the past that the military operates under different rules. She accused the atheists of meddling.

"I think their aim is totally out of line, both on legal reasons and also I think the ideology behind the group is just not acceptable to the American people. It would not be acceptable to the courts."

The Naval Academy is subject to the Uniform Code of Military Justice, whereas the VMI and The Citadel, which replaced its mealtime prayer with a moment of silence, are state-funded.

"They are not the same as the 'military' as an institution," Donnelly said.

An official with the Naval Academy told CNSNews.com that the academy had reviewed previous federal appeals court rulings and concluded the prayer is legal.

"Currently non-sectarian prayers, moments of silence and devotional thoughts are offered before most noon meals at the academy," the official said.

Navy lawyers are monitoring developments in the law, including decisions by the U.S courts of appeals, the official said.

"We are committed to ensuring that our efforts to accommodate the free exercise of religion by U.S. Navy members, including midshipmen at the U.S. Naval Academy, are ones fully consistent with the law."

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[Jimmy Valentine's brother]

Guess they'll need to change the Navy hymn as well as do away with the Chapel which is centrally located on the Academy grounds.

I can remeber the days when the Midshipmen used to march to the various churches in Annapolis to attend services on Sundays.

I always understood that there were no athiests in the foxhole nor onboard ships at sea.

[karen999]

The atheists won't be happy until every last religious symbol has be gouged out of the headstones of Arlington and elsewhere.

[anoldafvet]

Next on the list are the crosses and stars of David on the graves in Arlington and the rest of the national cemetaries, can't be promoting religion doncha know. After that will come the outlawing of graveside service by RELIGIOUS people in the same places, can't be praying on public ground. Then we'll have to get a razor knife and take out all those references to God in the Declaration of Independence and the Constitution.

[goldstategop]

I expect the courts to ban them following the VMI precedent. Atheists mustn't be offended by the mere mention of "God" in public. It could damage their fragile psyches.

[Mind-numbed Robot]

What about the rights of the majority who want prayer?

Issues like this explain why the left can't tolerate judges with common sense and a grounding in the law. The left uses the law to undermine the law. They need "activists" judges to succeed.

[arasina]

"...I think the ideology behind the group is just not acceptable to the American people. It would not be acceptable to the courts."

I wouldn't be so sure about that, Ms. Donnelly. The atheists have multitudes of secular humanist socialists on their side. They're afraid of religion, Christianity and Judaism in particular, because people of faith aren't dependent upon them but upon God.

One thing believers can do, if they really do believe, is pray for the atheists and humanists. They seem to have made progress in U.S. courts using the very freedoms endowed by our Creator in this "one nation, under God." I constantly struggle with the idea that they appear to be winning. That's evident in my statement in the previous paragraph, but I know where to turn when the oppression seems to be a gargantuan power. (Remember David and Goliath?)

[borisbob69]

The solution is simple...separate those who object to prayer as offensive from the majority who appreciate having their activities blessed by God. After prayers...the offended group can enter the facility. Better yet...provide religion free dining in a separate room/facility!

[MAK1179]

OK this is ridiculous. I'm sorry, but if you don't want to pray, then don't. I'm sure those leading these dinnertime prayers are not walking up to each soldier and holding an HK5SD to their backs and making them pray. The way I see it, if you don't want to pray...don't. OR put cotton in your ears, or leave the damn mess hall. But I have just as much right to pray wherever the hell I want just as much as these morons have the right to NOT pray.

Once again, the lack of common sense of some people makes me wonder how we've made it this far as a species.
-MAK

[dagnabbit]

The leftists won't rest until American society is completely destroyed. They'll sue to pry apart the last two pieces of wood nailed together.

[steve in DC]

"In God We Trust" is unconstitutional.

The Ten Commandments on the wall of the Supreme Court is unconstitutional.

The post of "chaplain" in Congress is unconstitutional.

The post of "Chaplain" in the armed forces is unconstitutional.

"...so help me God." in the oaths of office is unconstitutional.

And on and on and on.

Heck, maybe the Constitution is unconstitutional! I wonder if they ever thought of that?

[Dante3]

Aren't there just about 1% atheists in this country? Probably about half of them could care less.

What's next? This reminds me of Soviet Russia where children were required to report their parents if they prayed at home.

It's unfortunate that three judges in Virginia in the VMI case turned supported the ACLU.

[Semper Paratus]

Have one of the Atheists lead a moment of silence for nothing.

[pollywog]

Thank you for the reminder to pray. I agree TOTALLY with you.God's power is GREAT.

[Joe Marine 76]

I don't know about you folks but I sick to my stomach and tired of these panty-waist-girly-men crying about the mere mention of a superior being in public! I wonder who Meltzer gives thanks to for having been graciously granted the gift and privilege to have served in this great country's fine military AS WELL AS reap the benefit of a military retiree's pay. That's right, GIFT AND PRIVILEGE, to have served. Boy, they've gotten my Irish up on this one!

[stainlessbanner]

Let's pray for these people, they are in dire need of direction in their lives.

[familyofman]

"I always understood that there were no athiests in the foxhole nor onboard ships at sea."
Just another unfounded myth. I can state for a fact that my father, D-Day vet (116th, 29th inf) was and still is an atheist (I am too).

What puzzles me is - why do those that pray need to to it verbally & in public so that others hear them? It seems a bit analogous to using a cell phone in public - you can do it either quitely or load enough that everyone around hears you & your business. I don't need to hear your phone calls or your prayers.

[ladtx]

If they are true atheists then the prayers are meaningless to them. So what's the problem?

[rdb3]

I don't need to hear your phone calls or your prayers.

You don't have the right to not be offended.

[f.Christian]

The wall of separation was to keep these whackos out ... who let them in --- takeover ?