by Jorge Gomez • 2 minutes
Good news for our client, Navy Lt. Cmdr. Levi Beaird. First Liberty secured a victory that will allow him to continue flying an “Appeal to Heaven” flag on his property. He, his wife and five young children live at Joint Expeditionary Base Little Creek-Fort Story in Virginia.
Levi is a longtime friend and client of First Liberty. He is a decorated Naval Surface Warfare Officer and one of the thousands of Navy personnel and service members we helped protect through our class action lawsuit and victory in the U.S. Navy SEALs case. To recognize his exemplary military service and courage to stand for his religious beliefs, Sen. Ted Cruz of Texas invited Levi as a guest of honor at the 2023 State of the Union address.
In 1996, Congress authorized public-private ventures to provide military housing. Little Creek-Fort Story is one of the bases that collaborates with private companies for its servicemember housing needs. Levi’s home is owned by Mid-Atlantic Military Family Communities LLC, in a public-private venture with the Navy. LMH Property Management LLC, is Mid-Atlantic’s agent who performs the day-today management responsibilities of the property.
Last month, Liberty Military Housing officials approached Levi, telling him there had been complaints about the flag and asked him to take it down. After he refused to remove it, he received a written demand that it be removed. He was given 48 hours to remove it or face eviction.
Meanwhile, nearby homes displayed sports flags, including an Alabama Crimson Tide flag of similar size. Still, the base singled out Levi simply because he chose a flag with a religious message and significance.
First Liberty sent a letter that explained why prohibiting Levi from displaying his Appeal to Heaven flag under threat of eviction violated the First Amendment and federal law, specifically the Religious Freedom Restoration Act and the Fair Housing Act.
On Tuesday, Liberty Military Housing rescinded the unconstitutional lease violation notice and agreed to allow Levi to fly the flag outside his residence.
“Service members do not forfeit their First Amendment rights by virtue of their military service, including when living on a military base,” said Erin Smith, Associate Counsel for First Liberty. “We are grateful that Liberty Military Housing recognized Lt. Cmdr. Beaird’s right to fly this historically significant flag, consistent with his religious belief and existing military guidance.”
As a Christian, Levi feels compelled by his religious beliefs to display this flag as a recognition of God’s divine authority and control.
The Appeal to Heaven flag—also known as the Pine Tree Flag— was designed by Col. Joseph Reed, who served as George Washington’s personal secretary. The flag was commissioned for use on six military cruiser ships and adopted on Oct. 21, 1775. It became the official Massachusetts Navy flag in 1776.
Gen. Washington chose the tree as a symbol of independence. He knew colonial troops were about to fight against the world’s greatest military force. His men needed a reminder of the Divine power that sustained them. In the face of great adversity, they could directly appeal to Heaven and rely on God for strength, courage and hope.
The flag, with its prayer to God, became synonymous with the American struggle for liberty.
Several of the earliest Revolutionary War battles and victories were fought under this moving banner. Some historians document the flag being carried by troops at Bunker Hill and flown from floating batteries at the Battle of Boston.
In America, we shouldn’t punish service members for flying a flag that reflects their religious convictions. The Constitution, federal laws and military regulations protect the right of all our service members to live out their faith.
We commend housing officials for doing what’s right, following the law and respecting Levi’s constitutional rights.
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