Wednesday Evening, June 22, 2022
MRFF VICTORY!
ARMY BAND’S APPEARANCE AT
SOUTH CAROLINA CHURCH EVENT TO
“CELEBRATE … OUR FREEDOM IN CHRIST”
CANCELED SWIFTLY AFTER MRFF DEMAND!


On behalf of the majority of the members of the 246th Army Band of the South Carolina National Guard, MRFF today sent a letter to demand the cancellation of the band’s appearance at the First Baptist Church - Columbia, SC “Annual Carolina Celebration of Liberty”

DUE TO MRFF, WITHIN FIVE AND A HALF HOURS
THE BAND'S APPEARANCE
WAS IMMEDIATELY CANCELED!!!

The event, whose stated purpose is to “celebrate our freedom as Americans and our freedom in Christ,” at which people will “come together in freedom to honor God,” clearly did NOT satisfy the requirement that an event at a religious facility be “nonsectarian” for a military band to participate in it. Army public affairs regulations are very clear on this.

Forcing the members of the 246th Army Band to play at this blatantly religious and Christian nationalistic event would have violated their most basic right to religious freedom — the right to NOT participate in a sectarian religious event against their will.
(246th U.S. Army Band plays during Carolina Celebration of Liberty for 2021 summer tour. The appearance of U.S. Department of Defense (DoD) visual information does not imply or constitute DoD endorsement.)
MRFF's Letter Sent Today, 6/22, Demanding the
246th Army Band of the South Carolina
National Guard's Appearance at the
First Baptist Church - Columbia, SC
“Annual Carolina Celebration of Liberty”
Be Immediately Canceled


By: MRFF Founder and President Mikey Weinstein

Wednesday, June 22, 2022
Mikey Weinstein
From: Michael L Weinstein <[email protected]>
Subject: URGENT FOR MGEN MCCARTY!! Blatant U.S. Constitutional, DoD, U.S. Army and South Carolina National Guard Violations By Your Command
Date: June 22, 2022 at 9:16:16 AM MDT
To: Kimberly Horton
Cc: Jon Jensen, Daniel Hokanson, Mark Milley, Kathleen Hicks, Christine Wormuth, James McConville, Mikey Weinstein

Dear Major General Van McCarty, 

This demand letter from the Military Religious Freedom Foundation (MRFF) is on behalf of a large number of our MRFF clients who currently represent the majority of those military members who are assigned to the 246th Army Band of the South Carolina National Guard under your direct command as The Adjutant General of South Carolina.

Major General McCarty, you are directed to immediately cease and desist forthwith from having this military band unit participate in this Sunday’s (June 26, 2022) sectarian, nonsecular “Annual Carolina Celebration of Liberty.” The band’s participation in this event would incontrovertibly and viciously violate the No Establishment Clause of the United States Constitution, a number of critical DoD and U.S. Army Directives, Instructions, and Regulations, as well as your OWN regulatory mandates of the Adjutant General of the South Carolina National Guard. Additionally, having this band perform at this event would abrogate the U.S. Army’s Core Values and the Uniform Code of Military Justice.

AR 360–1, “The Army Public Affairs Program,” could not be more unambiguous on this matter. Section 3-1 of the regulation explicitly states (emphasis added):

3–1. Public affairs restrictions, limitations, and other considerations
a. Selective benefit. Army participation must not selectively benefit or appear to benefit any person, group, or corporation (whether profit or nonprofit); religion, sect, religious or sectarian group, or quasi-religious or ideological movement; fraternal organization; political organization; or commercial venture. ACOMs or organizations that provide support to a nonfederal entity must be willing and able to provide equal support to comparable events sponsored by similar nonfederal entities.
b. Avoid endorsement. Activities will not support any event involving or appearing to involve the promotion, endorsement, or sponsorship of any individual, civilian enterprise (CE), religious or sectarian movement, organization, ideological movement, or political campaign unless it is clear that the support primarily benefits the community at large or the Army as opposed to benefiting the sponsoring organization. Examples of such instances include as follows:

(5) Support to religious organizations and activities. Religious facilities are often used as nonsectarian centers for community events and activities of common interest and benefit; therefore, Army support of community activities conducted in such facilities may be authorized if the program is community-wide, nonsectarian, and of common interest and benefit and the program is broadly publicized.

A church event that is billed to “celebrate our freedom as Americans and our freedom in Christ” at which people will “come together in freedom to honor God” clearly does NOT satisfy the requirement in example (5) that an event at a religious facility be “nonsectarian.” There is no wiggle room here, General. This event is a highly sectarian Christian event, espousing the specific Christian beliefs of the First Baptist Church of Columbia, South Carolina.

If you need more detail as to why the train wreck you are apparently sanctioning is totally illegal, unethical, and immoral, please contact your own Judge Advocate General’s Office. In the meantime, here is an E-mail MRFF has received from those numerous South Carolina National Guard victims suffering under your constitutionally violative direct command:


6/21 Email Sent to Mikey Weinstein
from MRFF's Client Representing the
Majority of the 246th Army Band of the
South Carolina National Guard
Stating Military Regulations the
Band's Appearance Would Violate

From: MRFF Army Band Client’s E-Mail Address Withheld
Subject: Re: Army Band supporting Religiously based Cerrmony
Date: June 21, 2022 at 11:29:25 AM MDT
To: Mikey Weinstein <[email protected]>

Hey Mikey, 

I would like to anonymously represent the majority of the members of the 246 Army Band who come from a wide range our religious backgrounds including Christian, minority religions, and non-religious. We are concerned about our participation in the upcoming "Annual Carolina Celebration of Liberty" hosted by the first baptist church of SC - https://fbccola.com/celebrationofliberty-preshow/

I have attached a recent Memorandum from the Adjutant General of South Carolina (dated 13 January 2020) that outlines public relations and references several Army policies. 

Specifically outlined in AR360-1, I believe specifically this violates the Selective Benefit clause and the Avoid Endorsement. The specific religious language in the website for this event specifically precludes them from claiming any "nonsectarian" intent as they clearly reference the solely sectarian mandate of “our freedom in Christ” to the exclusion of all other faiths and non-faith traditions in their marketing. 

Selective benefit. Army participation must not selectively benefit or appear to benefit any person, group, or corporation (whether profit or nonprofit); religion, sect, religious or sectarian group, or quasi-religious or ideological movement; fraternal organization; political organization; or commercial venture. ACOMs or organizations that provide support to a nonfederal entity must be willing and able to provide equal support to comparable events sponsored by similar nonfederal entities. b. 

Avoid endorsement. Activities will not support any event involving or appearing to involve the promotion, endorsement, or sponsorship of any individual, civilian enterprise (CE), religious or sectarian movement, organization, ideological movement, or political campaign unless it is clear that the support primarily benefits the community at large or the Army as opposed to benefiting the sponsoring organization. Examples of such instances include as follows: ...
 (5) Support to religious organizations and activities. Religious facilities are often used as nonsectarian centers for community events and activities of common interest and benefit; therefore, Army support of community activities conducted in such facilities may be authorized if the program is community-wide, nonsectarian, and of common interest and benefit and the program is broadly publicized.  

Respectfully, 
(MRFF Army Band Client’s name, rank and all other ID withheld)

It’s really quite simple, General; order the 246th Army Band to stand down immediately so that you are in full accord and compliance with the letter and spirit of all applicable laws and regulations et al. germane to this sordid unconstitutional matter as cited supra.

Should you have any questions, please feel free to contact me at 505-250-7727.

Sincerely,

Michael L. “Mikey” Weinstein, Esq.
Founder and President
Military Religious Freedom Foundation
505-250-7727
Letters of Appreciation Today, 6/22, from Active Duty U.S. Army MRFF Clients in the 246th Army Band of the South Carolina National Guard Stating They Are
"No longer being asked to violate the law or military policy" Thanks to MRFF's Immediate Response

From: Active Duty U.S. Army MRFF Client’s E-mail Address Withheld
Subject: Religious Military Performance Stopped
Date: June 22, 2022 at 2:24:59 PM MDT

MRFF, 

Our unit was informed by the commander at final formation that we will no longer be participating in the religiously based "Celebration of Liberty" event in Columbia, SC. The band was relieved that the right decision was ultimately reached and that we are no longer being asked to violate the law or military policy.  

We appreciated the quick response and support from MRFF through this matter. 

Respectfully, 
(Active Duty U.S. Army MRFF Client’s name, rank, unit and installation all withheld)

From: Active Duty U.S. Army MRFF Client’s E-mail Address Withheld
Subject: Thank you!
Date: June 22, 2022 at 10:41:46 AM MDT

MRFF, 

One of the greatest honors as a military musician is inspiring patriotism through musical performance. As a military band, we are one of the most visible representations of the armed forces in the eye of the public. We strive to uphold the highest ideals of military service as engage with the community and act as ambassadors of the armed services 

When our unit was tasked with playing at a religiously based performance, a majority of our unit felt uncomfortable with playing. This event broadly violated the separation of church and state in addition to many specific regulations at the state and federal level. 

We contacted MRFF and they responded within minutes to our initial information. They quickly worked with us to collect relevant information, develop a strategy, and communicate clearly and directly to the highest levels of leadership in our chain of command. 

The commitment to our cause to stop this event matched our own, and it was a pleasure to work with MRFF through this issue. 

Speaking up against improper actions in the military is not always easy, but having a partner like MRFF was extremely helpful. 

Thanks MRFF (Active Duty U.S. Army MRFF Client’s name, rank, MOS, unit and installation all withheld)

"Mikey, your reputation precedes you"

From: "Cadet Jon Doe"
Subject: Mikey, your reputation precedes you
Date: June 22, 2022 at 2:58:24 PM MDT
To: Information Weinstein <[email protected]>

Greetings Mikey Weinstein,

I’m a USAFA grad and was recently playing golf with about another dozen grads at a scramble event put on by our local church to raise money for our missionary programs.

Your name came up about halfway thru the front 9 of our charity game and I just wanted to say that the consensus among us all was that you represent the largest black mark of shame against our alma mater ever since its inception.
[...]

To See Response from MRFF Supporters
Including Rabbi Joel Schwartzman:

"Jesus chocolate brownies"

From: [name withheld]
Subject: Jesus chocolate brownies
Date: June 21, 2022 at 4:03:35 PM MDT
To: Information Weinstein <[email protected]>

Hey to Mikey Weinstein & the MRFF:

You anti-Jesus haters have nothing better to do than to go after a caring Christian military officer trying to make sure his troops won’t burn in hell?

[...]

To See Responses from
MRFF Board Member John Compere,
MRFF Advisory Board Member James Currie,
and MRFF Supporters:
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