US District Judge Christine Arguello has dismissed an attempt to stop the Feb. 10 National Prayer Luncheon at the US Air Force Academy one day prior to the event.
She issued the ruling in Mullin vs. Gould on Wednesday, Feb. 9, following a preliminary injunction hearing at the Federal Courthouse in Denver.
Arguello said that plaintiffs David Mullin and the Military Religious Freedom Foundation did not show they had legal standing to bring the suit.
The lawsuit, filed Jan. 31 by the Military Religious Freedom Foundation and five plaintiffs who teach at USAFA, accused academy supervisor Lt. Gen. Michael Gould of endorsing and promoting religion in violation of the US Constitution.
Attorney Darold Killmer of Killmer, Lane & Newman in Denver argued for Mullin and the foundation, who opposed the prayer luncheon.
Justice Dept. attorney Brad Rosenberg represented Gen. Gould, the defendant.
Denver attorney David Lane, who filed the suit but was not at the hearing, told the Intermountain Jewish News last week that the luncheon violates the First Amendment of the US Constitutions separation of church and state mandate.
The US Air Force Academy, through its command structure, is officially hosting a prayer luncheon, Lane said. Our contention is that this is a US government-sponsored religious event that violates the separation of church and state clause under the First Amendment.
The injunction also sought to block retired Marine 1st Lt. Clebe McClary as keynote speaker.
McClary, a highly decorated Vietnam veteran who was severely injured in the conflict, is a devout conservative Christian and popular motivational speaker.
On his website, McClary states that he is now in the L-rds army and that USMC (US Marine Corps) stands for a US Marine for Christ.
Academy officials said the event is sponsored by the chapel, not commanders, and that theyve repeatedly alerted cadets and faculty that attendance is voluntary.
The suit was brought by Mullin, an associate economics professor at USAFA; four John Does two civilian and two military; and the Military Religious Freedom Foundation.
Mullin testified in court Tuesday that the prayer luncheon made him feel excluded and unwelcome.
Rosenberg argued that the complainants didnt meet the legal requirements to file a suit.
The lawsuit is the latest chapter in an ongoing feud between the Albuquerque-based MRFF, founded by former cadet Mikey Weinstein to ensure an atmosphere of religious tolerance at the military academy, and USAFA.
The luncheon is held in conjunction with the National Prayer Breakfast, established by President Dwight D. Eisenhower in 1953. The breakfast convenes on the first Thursday in February in Washington, DC.
Gen. Gould said in an Air Force Academy press release that attendance at the prayer luncheon is totally voluntary. If you want to go, great. If you dont want to go, great.
If anybody and I mean this is feeling pressure from his or her supervisor or from anybody else to go to this, I want to know about it.
If those allegations are substantiated, we will deal with the individual severely.
USAFA did not institute this luncheon, the academys director of communication David K. Cannon told the IJN. It is celebrated from the White House to government agencies to military bases worldwide.
Cannon said the luncheon invitation was sent to all faculty and staff members at the USAFA but not to cadets due to their class schedules although they certainly would be allowed to attend.
We do not encourage or discourage anyone from attending, he said. Its an individual choice.
Thursdays event was scheduled to include readings from an Islamic airman, an African-American Christian airman, a Buddhist sensei and a Catholic priest.
USAFAs Jewish chaplain Maj. Joshua Narrowe, who is Orthodox, offered the benediction.
Recent prayer luncheon keynote speakers include Rabbi Anat Moskowitz (2005), Air Force Chief of Chaplains Maj. Gen. Charlie Baldwin (2006), Brig. Gen. Cecil Richardson (2007, 2008, 2009) and Ret. Gen. Charley Duke (2010).
A few weeks prior to the suit, controversy erupted when McClary was signed on as keynote speaker for the prayer luncheon.
Many considered his views too inflammatory for USAFA, which was taken to task in 2005 for promoting an evangelical Christian culture and proselytizing to cadets.
Although subsequent reforms have been implemented, McClarys invitation to speak sent off red flags throughout the country.
MRFF, which immediately expressed its indignation to academy officials, received support from Jews, Christians and groups who objected to McClarys presence on the dais.
Lt. Chaplain Dwayne Peoples, part of the chapel team that consulted with the 10th Air Force Wing, which secured McClary, told the IJN that he had no hesitation about his suitability as a speaker.
Hes been speaking at events, including here at the academy, for 25 years, and to my knowledge there has never been a single complaint, he said.
We saw him as a person who survived severe injuries in Vietnam and had an uplifting story to share, said Peoples, a Protestant chaplain at USAFA for the past three years.
Asked what he thought stimulated the public outcry against McClary, Peoples said, Frankly, Im dumbfounded.
The moment we began planning the luncheon, the first thing the wing leadership stressed was, We need to make sure this is an interfaith event.
If I thought McClary was going to engender conflict or be a lightening rod for controversy, I would have said, No way.
Maj. Joshua Narrowe, USAFAs Jewish chaplain, finds the hoopla equally incomprehensible.
An academy chaplain for the last year-and-a-half, Narrowe is aware of the charges leveled against the military academy for its evangelical emphasis and proselytizing to cadets.
I regularly check with my cadets to determine whether theyre on the receiving end of any anti-Jewish slurs or missionary tactics, he said.
In the whole time Ive been here, one female cadet told me that someone approached her about Jesus. She told that person to back off, and that was it.
Otherwise, my cadets say they have never felt pressured in any way, shape or form.
He agreed with Peoples that the prayer luncheon brings people together. Selecting an antagonistic speaker would go against the whole idea of the event.
Narrowe said his role as an academy chaplain allows him to interact with fellow chaplains from multiple faith backgrounds.
Compared to being a rabbi at a regular synagogue, thats the biggest difference, he said. My colleagues have many different religious perspectives. Theres an attitude of, I believe what I believe and nothing can change that, but we still share a deep camaraderie.
A persons religion or refusal to attend a prayer lunch has no affect on his or her military career, Peoples said.
I could tell you countless stories about people who are irreligious and have been promoted. Religion does not play a part in those decisions.
There are departments that specifically handle these complaints. And if someone brings an issue directly to us, we go after a quick and just resolution.
Narrowe said he couldnt understand the uproar generated by McClarys invitation.
We dont censor people who have a story to tell, he said. We felt McClary had a positive message that would be uplifting. His personal story is very compelling.
MRFF did not respond to the IJN by press time.
