Air Force drops ‘so help me God’ requirement will allow airman to re-enlist
\ Stars and Stripes
Published: September 17, 2014
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| Airmen lift their right hand as they repeat the oath of enlistment at the Air Force Basic Training graduation ceremony, at Lackland Air Force Base, Texas, Aug. 19, 2011. The Air Force on Wednesday, Sept. 17, 2014, announced it would drop a requirement for airmen to say “so help me God” in oaths. |
WASHINGTON — The Air Force announced Wednesday it would drop a
requirement for airmen to say “so help me God” in oaths, backtracking
after an airman had been denied re-enlistment when he crossed it out on a form last month.
Air Force officials previously told the airman, based at Creech Air
Force Base, Nev., that U.S. law required the phrase to be included in
the oath. The case came to light after the airman sought representation
from the American Humanist Association, a Washington-based organization
that advocates for what it calls “an ethical and life-affirming
philosophy free of belief in any gods.”
Previously, the Air Force allowed troops to opt out of the phrase, as do the other military services.
But the Air Force issued a revised instruction in 2013 that required
the phrase, with officials citing the fact that the relevant section of
Title 10 of the U.S. Code contains no opt-out.
Legal experts, however, predicted the Air Force would soon backtrack,
because the Supreme Court and lower courts have long held that the
reference to a deity is optional. Additionally, the U.S. Constitution
explicitly forbids use of a “religious test” to hold elected office or a
position of public trust.
The announcement comes after the Air Force sought a legal opinion from
the Department of Defense General Counsel. The Air Force is updating its
written instruction, but the new policy takes effect immediately,
officials said Wednesday. The airman’s current term of service is set to
end in November.
“We take any instance in which airmen report concerns regarding
religious freedom seriously,” Secretary of the Air Force Deborah Lee
James said. “We are making the appropriate adjustments to ensure our
airmen’s rights are protected.”
Monica Miller, a lawyer for the American Humanist Association, said
officials notified her client Wednesday afternoon that he could
re-enlist.
“I am very pleased that the Department of Defense has instructed the
Air Force to respect the First Amendment rights of our client by
allowing him to reenlist with the omission of ‘so help me God,’” she
said. “I sincerely hope that this opinion from the DOD settles the issue
once and for all.”
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