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Military Housing Group Reverses Course After Ordering Sailor to Remove Pine Tree Flag From His Military Base Residence

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October 7, 2025

News Release
 For Immediate Release: 10.7.25
Contact: John Manning, media@firstliberty.org
Direct: 972-941-4453

Military Housing Group Reverses Course After Ordering Sailor to Remove Pine Tree Flag From His Military Base Residence

The historic flag from the American revolutionary period represents his religious beliefs of divine authority and control. 

Virginia Beach, VA—First Liberty Institute announced today that the Liberty Military Housing at Joint Expeditionary Base Little Creek-Fort Story will once again allow Navy Lieutenant Commander (LCDR) Levi Beaird to fly his pine tree flag from his residence. After receiving First Liberty’s demand letter, Liberty Military Housing rescinded an unconstitutional lease violation notice. LCDR Beaird is free to continue flying his pine tree flag.

You can read the letter here.

“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 Institute. “We are grateful that Liberty Military Housing recognized LCDR Beaird’s right to fly this historically significant flag, consistent with his religious belief and existing military guidance.”

LCDR Levi Beaird and his family live on base at Joint Expeditionary Base Little Creek-Fort Story. On September 5, he was approached by a Liberty Military Housing employee and asked to remove his pine tree flag from his property because of alleged complaints that the flag was offensive and racist. The flag, which dates to the American revolutionary period, displays a pine tree and the words “An Appeal to Heaven.” As a Christian, LCDR Beaird feels compelled by his religious beliefs to display this flag as a recognition of God’s divine authority and control. After he refused to remove the flag, he received a written demand that it be removed and that it was a violation of his lease with the property management. He was given 48 hours to remove it or face eviction.

First Liberty’s demand letter states, “Residents of on-base military housing are protected by the laws of the United States which include, among others, the U.S. Constitution and the Religious Freedom Restoration Act (“RFRA”). The demand that LCDR Beaird remove his Appeal to Heaven flag because it violates the Community Guidelines offends the Free Exercise and Free Speech Clauses of the First Amendment and RFRA. Thus, the flag provision, both facially and as applied to LCDR Beaird, is unlawful and unenforceable.”

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About First Liberty Institute

First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.

To arrange an interview, contact John Manning at media@firstliberty.org or by calling 972-941-4453.

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