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Kansas atheist soldier dropping lawsuit

Friday October 10, 2008

By John Milburn
Associated Press Writer

TOPEKA, Kan. (AP) - One of two atheist soldiers at Fort Riley who has sued the Department of Defense over alleged religious freedom violations is dropping his case.

The head of the Military Religious Freedom Foundation said that attorneys for Pfc. Jeremy Hall were to file papers Friday in federal court in Kansas to end Hall's case, citing his plans to leave the Army next spring.

Mikey Weinstein, the foundation's president, said the lawsuit was being dropped to avoid a legal fight over whether Hall has standing in federal court if he is no longer in the Army. However, Weinstein said all of the foundation's other allegations of a pattern and practice of religious discrimination by the military will go forward in a second lawsuit.

"He broke the barrier for us to have more people come forward," Weinstein said. "He served as a shining light that attracted all the other potential witnesses."

Spc. Dustin Chalker, a combat medic with an engineering battalion, filed a second lawsuit in October. Chalker, who has served in Iraq and Korea, alleges that he was required to attend three events from December 2007 to May 2008 at Fort Riley in which Christian prayers were delivered.

Chalker's lawsuit alleges the military allows religious discrimination by fundamentalist Christians who try to force their views on others, especially subordinates. Its examples include programs for soldiers, presentations by "anti-Muslim activists" and a "spiritual handbook" for soldiers endorsed by Gen. David Petraeus, the commander of U.S. forces in the Middle East.

Named as a defendant is Defense Secretary Robert Gates. Defense officials have said that the military has a standing policy against discrimination and preserving religious freedom for all in uniform.

Hall and the foundation filed a lawsuit in September 2007. Hall claims a higher-ranking officer prevented him from holding a meeting while deployed in Iraq. The lawsuit was withdrawn and refiled in March, adding claims that Hall was threatened with retaliation from other soldiers and officers, including the blocking of his promotion to sergeant.

Weinstein said Hall recently was transferred to another military police company and will be able to leave the Army as planned in 2009. Hall, 24, plans to go to college and serve as a liaison with the foundation on religious freedom issues.

Weinstein said Hall had endured numerous threats and mistreatment from fellow soldiers, including a death threat against him and his wife that was left on his telephone. Fort Riley investigators traced that call to another soldier on post.

"His life has been a living hell. He's been mistreated and we will not forget any of that. He stood. He took it for everybody," Weinstein said.

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On the Net:

Military Religious Freedom Foundation: http://www.militaryreligiousfreedom.org

Fort Riley: http://www.riley.army.mil

Department of Defense: http://www.defenselink.mil


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