US atheist soldier dropping lawsuit

By JOHN MILBURN
Associated Press Writer
Published/Last Modified on Monday, October 13, 2008 9:00 AM MDT


TOPEKA, Kansas (AP) _ One of two atheist U.S. 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 alleged 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.

On the Net:

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

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

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

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