In response to their attempt to create a problem for a Christian-owned company in an area where one had not existed for more than 23 years, the Department of Defense (DOD) is now facing a religious freedom lawsuit
Intercessors for America (IFA) found out from BizPacReview that the company Shields of Strength have been told that they can no longer sell military-themed dog tags with bible verses on them. This, according to the report, is something they have been doing since 1997.
Shields of Strength reportedly received a letter from Army Trademark licensing program director Paul Jensen in August 2019 requesting that all biblical references be removed from all of their Army products.
"You are not authorized to put biblical verses on your Army products... For example, Joshua 1:9. Please remove ALL biblical references for all of your Army products," the letter stated.
The IFA noted that the biblically inspired products are so popular that President Bush requested one in 2003 to honor the first soldier from Operation Iraqi Freedom who was buried in Arlington National Cemetery, CPT Russell Rippetoe.
Consequently, the organization had no choice but to resort to legal action in order to curtail the overreach of the Department of Defense.
The Military Religious Freedom Foundation (MRFF) reportedly filed a complaint with the Marine Corps Trademark and License Program in July of 2019.
"These Christian proselytizing dog tags are blatantly religious and wholly sectarian in representing solely the Christian faith. Indeed, they each contain a Bible verse along with the official USMC emblem," the complaint stated.
To use military emblems on products, it continued, they must adhere to Title 5 of the Federal Code, which regulates the use of DoD marks specifically.
"DoD marks may not be licensed for use in a manner that creates a perception of DoD endorsement of any non-federal entity or its products and services," the code reads. "DoD marks may not be licensed for any purpose intended to promote ideological movements, sociopolitical change, religious beliefs (including non-belief), specific interpretations of morality, or legislative/statutory change..."
However, First Liberty Institute, the group representing the Christian company, has filed a federal lawsuit against the Department of Defense's (DoD) decision to change the way the trademark licensing law is applied. They say the DoD's actions are "unconstitutional, arbitrary, and capricious."
Kenny Vaughan, the owner of Shields of Strength, thinks that the MRFF is to blame for the change.
"It's rooted in fear," he said. "Fear always looks out for itself, love always looks out for others. Unfortunately, I think our leadership is afraid, they are afraid of bad press, they are afraid of what it may cost them. As a result, they are doing what is best for themselves without regard for the men and women that are fighting for our freedom."
Mike Berry, the general counsel for the First Liberty Institute, said that the DoD have allowed Shield of Strength do this for years, and the military members ask for them by the thousands.
"It wasn't until this complaint showed up that all of a sudden, they got spooked and said, 'oh, this might violate the so-called separation of church and state, you better stop now or we might get sued or get some bad publicity,'" he said.
The news report noted that the separation of church and state is not mentioned in the founding documents of the United States. It also said that even though it's not explicitly stated in the Constitution, people believed that the First Amendment was drafted to keep the government out of religion, not the other way around.
