http://ap.google.com/article/ALeqM5iTPjkhPtGfRjsMUS9Q_F95TRAdcQD8V7JRIO0 TOPEKA, Kan. (AP) — 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.
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http://www.opednews.com/articles/genera_jason_le_080305_new_lawsuit_filed_ag.htmSnippage:
"Immediately after plaintiff made it known he would decline to join hands and pray, he was confronted, in the presence of other military personnel, by the senior ranking ... staff sergeant who asked plaintiff why he did not want to pray, whereupon plaintiff explained because he is an atheist," the lawsuit states. "The staff sergeant asked plaintiff what an atheist is and plaintiff responded it meant that he (plaintiff) did not believe in God. This response caused the staff sergeant to tell plaintiff that he would have to sit elsewhere for the Thanksgiving dinner. Nonetheless, plaintiff sat at the table in silence and finished his meal."
Additionally, the complaint alleges that last July, when Hall received permission by an Army chaplain to organize a meeting of other soldiers who shared his atheist beliefs, his supervisor, Army Major Freddy Welborn, broke up the gathering and threatened to retaliate against the soldier by charging him with violating the Uniform Code of Military Justice. The complaint also alleges that Welborn vowed to block Hall's reenlistment in the Army if the atheist group continued to meet - a violation of Hall's First Amendment rights under the Constitution.
"During the course of the meeting, defendant Wellborn confronted the attendees, disrupted the meeting and interfered with plaintiff Hall's and the other attendees' rights to discuss topics of their interests," the lawsuit alleges.