by Jorge Gomez • 2 minutes
U.S. Air Force Technical Sergeant Robert Durrant was told he was in violation of his lease for flying a “Jesus is my King Trump is my President” flag at his residence.
Durrant and his family live at Malmstrom Air Force Base in Montana. His home is owned by Western Group Housing, a public-private venture with the federal government to provide military housing. Balfour Beatty Military Housing Management is Western Group’s agent that performs the day-to-day management responsibilities for the property.
Last September, Durrant was contacted by a Balfour employee and told to remove the flag from the front of his house because it violated community guidelines.
On Tuesday, First Liberty sent a letter that explains why prohibiting him from displaying his flag is a violation of the First Amendment and federal law, specifically the Religious Freedom Restoration Act and the Fair Housing Act.
The flag, which he had already been flying for about six weeks, serves as an expression of his Christian faith and support of his Commander in Chief. He was given 48 hours to comply or risk facing eviction. Balfour also informed Durrant’s military chain of command.
At the time he was informed of the violation, other base residents displayed flags representing sports teams, seasonal decoration, and even LGBT flags, without such objection. So as to not risk eviction of his family or military discipline, Durrant removed the flag.
“Permitting the display of LGBT and other flags for years while subsequently ordering the swift removal of a religious flag is blatant anti-Christian bias targeting religious exercise,” said Chris Motz, Senior Counsel for First Liberty. “The First Amendment protects Durrant’s right to freely express his faith without fear of reprimand or repercussion, including on an Air Force base.”
In America, service members should not be threatened or punished 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.
“Service members do not forfeit their First Amendment rights by virtue of their military service, including when the service member resides in military housing,” our attorneys explain in the letter.
Even under circumstances when the government or military authorities may restrict the speech of service members, religious exercise has heightened protection, and restrictions may not be imposed in an arbitrary or capricious manner. Yet, that’s precisely what’s happening in this case. Military base housing officials are unlawfully restricting Durrant’s religious expression and free speech. They are engaging in viewpoint discrimination, singling him out over the content and message displayed on his flag.
Last fall, First Liberty fought and won a very similar case. We represented U.S. Navy Lt. Cmdr. Levi Beaird, who was threatened with eviction and ordered to take down an “Appeal to Heaven” flag from his military base residence. After we stepped in and sent a letter, housing officials rescinded the lease violation notice, allowing Beaird to keep his flag on display.
Housing officials at Malmstrom AFB should do what’s right, follow the law and respect Durrant’s constitutional rights. We’re asking them to confirm that Durrant is not in violation of his lease and that he will be allowed to display his flag without restrictions, threats or any disciplinary action.
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