Matthew McCarthy

Matthew McCarthy began his career as an enlisted service member and because of his honorable service and exemplary military record, he received his commission in May of 2019.

In 2021, based on his religious beliefs, Mr. McCarthy sincerely objected to taking the COVID-19 vaccine.  In a short timeframe, the President of the United States was set to issue an Emergency Temporary Standard requiring employers of 100 or more employees to institute COVID-19 vaccine mandates under the U.S. Department of Labor’s Occupational Safety and Health Administration.  This called into question whether Mr. McCarthy would be forced to choose between his faith and his civilian job.  Around that same time, the Department of Defense and Department of the Air Force instituted their own mandates, calling into question whether he would be faced with the same crisis of conscience regarding his military career.

As an expression of his sincerely held religious beliefs and in his civilian capacity, Matthew displayed the Appeal to Heaven Flag above the American Flag on his private, off-base, residential property in rural Maine. But on September 25, 2021, the trajectory of Mr. McCarthy’s military career changed when his squadron commander, Lt Col John L. Cronin, contacted him while in an off-duty status questioning the flag display.

On October 3, 2021, Lt Col Cronin issued Mr. McCarthy a Letter of Reprimand. While the military had no authority to issue Mr. McCarthy this adverse administrative action for his off-duty religious speech and religious exercise as a private citizen, the Maine National Guard also violated Mr. McCarthy’s rights under the First Amendment to the United States Constitution and the Religious Freedom Restoration Act.

First Liberty submitted an appeal on behalf of McCarthy in December 2023, requesting the Adjutant General of Maine, Maj Gen Douglas Farnham, rescind his Letter of Reprimand.

The Appeal to Heaven Flag has a special place in America’s military history. The flag became a symbolism of prayer, especially for troops during the American Revolution as they sought spiritual strength while fighting for independence. 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.

Citing this nation’s proud history of the Appeal to Heaven flag and the Maine Air National Guard’s clear violations of law, in January 2024, First Liberty announced that the Maj Gen Farnham fully withdrew the Letter of Reprimand. This action has a significant impact on Mr. McCarthy’s military career, as he will now promote to the rank of Captain, backdated to his original promotion date of August 25, 2023, and the U.S. Department of Defense has restored his security clearance.

“The wokeness in the military unnecessarily caused over 2 years of significant anguish for Mr. McCarthy and his family and almost ended his military career and ability earn a living – all because he flew the Appeal to Heaven Flag,” said Danielle Runyan, Senior Counsel at First Liberty Institute. “It should frighten every American who believes in the cause of freedom that this situation went so far as to punish a servicemember for his religious expression in his private capacity. We are happy that Major General Farnham read our appeal, adhered to the First Amendment, and vindicated Mr. McCarthy.”