Supreme Court concurs with The American Legion's stand on public monuments

A ruling announced this week by the U.S. Supreme Court gives weight to an argument by The American Legion against the placing of public monuments that could threaten the sanctity of veterans memorials. Justices ruled unanimously that an obscure religious group cannot use a "free speech" argument to force a small Utah city to erect a granite marker in a local park that is home to a long-standing monument to the Ten Commandments.

"At first glance, this ruling may seem unrelated to us, but it actually sets a precedent that is very important to veterans groups," said David K. Rehbein, National Commander of The American Legion. "The Justices have said, in effect, that a local government can choose what donated public displays it cares to exhibit on public land - and what displays it can reject. This reduces the chance that a monument to an enemy or dissenting group, for instance, could be erected in the same space as a monument to our fallen warriors."

The ruling stems from a case precipitated by a small Salt Lake City, Utah-based religious group called Summum. Summum went to federal court after its effort to erect a marker in Pleasant Grove City, Utah was rejected by the city. Summum maintained that the city violated its right to free speech by refusing the donated monument. The Tenth Circuit Court of Appeals in Denver agreed with the religious group, but the Supreme Court ruling reverses that decision.

The American Legion played an active role in the oral argument phase of the case. Last year, Liberty Legal Institute in Plano, Texas filed an amicus brief on behalf of The Legion and several colleague veterans and military service organizations. The brief's argument summary stated:

"The precedent established by the Tenth Circuit lays the foundation for the destruction of all donated veterans memorials nationwide and chills the erection of any future memorials. From the United States Marine Corps War Memorial in Arlington, VA, to the Vietnam Veterans War Memorial on The Mall in Washington, DC, to the myriad Spirit of the American Doughboy WWI memorials like that in Ft. Smith, AR, this precedent will require all governments, from the smallest municipality to the Congress itself, to make an impossible decision: either fail to honor our veterans by any donated monument whatsoever, tear down those that currently exist, or allow a monument honoring our veterans and then, upon donation, erect on the same hallowed ground one that dishonors them."

In his favorable Supreme Court opinion, Justice Samuel Alito said that while efforts to suppress actual speech in public parks would ordinarily violate the First Amendment, erection of donated physical entities such as markers and monuments is a different matter. Justice Alito said "the display of a permanent monument in a public park" defines, in part, a community's identity and, so, "cities and other jurisdictions take some care in accepting donated monuments."

Commander Rehbein notes that the Supreme Court has also agreed to hear a case later this year involving the suppression of a war memorial in the Mojave Desert. The Ninth Circuit Court of Appeals in San Francisco has ruled that the memorial to World War I veterans is unconstitutional because it is the shape of a cross, which might connote religious symbolism. A proposal to transfer the land upon which the now-cloaked monument rests to the VFW, which erected the cross in 1934, was also ruled unconstitutional by the court. "Obviously, we favor the full and free display of that monument," said the Commander. "The Supreme Court ruling gives us hope for a good outcome in that matter, too."

The American Legion Lauds President’s Request for Increased VA Appropriations

FOR IMMEDIATE RELEASE

WASHINGTON, DC (Feb.26, 2009) – The National Commander of The American Legion finds reason for optimism in President Barack Obama’s request for increased funding of the Department of Veterans Affairs. The President released his fiscal year 2010 budget request executive summary today in which he calls for a $25-billion increase in VA appropriations over the next five years.

“By this action, President Obama is sending a clear message to those who have worn, are wearing and will wear the uniforms of the armed forces that he recognizes and appreciates – in a tangible way -- their contributions to our society,” said Commander Rehbein. “Although we have yet to see the details of the budget request, this initial budget overview signals good news from the President and, by extension, his new Secretary of Veterans Affairs, Eric Shinseki.”

According to the executive summary, President Obama’s budget request addresses several legislative priorities of The American Legion including increasing the size of the Army and Marine Corps, closing military/civilian counterpart pay gap as well as improving military and veterans’ health care, especially in the area of mental health.

The President is also calling for a repeal of the Veterans’ Disability Tax -- which still burdens some military retirees with service-connected disabilities, and allowing more Priority Group 8 veterans to enroll in the VA health care system. These are veterans whose income and / or net worth is above the usual VA thresholds but are willing to contribute co-payments for their health care.

“Also worthy of note,” said Commander Rehbein, “is that some of the proposed funding increase will go toward timely implementation of the new Post 9-11 GI Bill and thus will provide significant improvements in the earned educational benefit package for veterans.

“Considering all of the present-day challenges facing him,” concluded Commander Rehbein, “The American Legion appreciates the President’s attention to the needs of our veterans’ community. We look forward to working with the Administration and Congress in achieving a timely, predictable and sufficient VA budget.”

Founded in 1919, the 2.6 million-member American Legion is the nation’s preeminent service organization for veterans of the U.S. armed forces, including active duty, National Guard and Reserves, and their families. A powerful voice for veterans in Washington, The American Legion drafted the original GI Bill and was instrumental in establishing the agency that today is Department of Veterans Affairs.

Tax Deduction for 2008 for National Guard and Reserves

A reservist (Army, Navy, Marine, Coast Guard Reseve, Army Natl Guard, Air Natl Guard) who travels more than 100 miles from home to perform services as a member of their service can deduct 100% of the COST OF TRAVEL & 50% of their MEALS; report the expenses on IRS Form 2106 and the total deduction on Form 1040 Line 24.

What's NEW is that the deduction can be taken by Reservist who do NOT itemize deductions. The total deduction is no longer a Miscellaneous deduction (Schedule A), but a deduction DIRECTLY reducing income and income taxes.

Montgomery County Oratorical Scholarship

The Montgomery County Council of the Department of Maryland American Legion hosted our Annual Scholarship Contest on saturday February 7th at Boyd's Presbyterian Church. The contestants were from Brigette Johnson, from Damascus High School and . The contestants represented, Damascus Post 171 and Wheaton Post 268 and respectfully.

The County winner is Brigette Johnson from Damascus Post 171. She received a $300 Scholarship for her participation. The second place winner was Mr. Robert O'Neill, a junior at Sherwood High School from Wheaton Post 268 and he received a $200 prize for his participation.

Pictured left to right are Will Trotter, County Adjutant and Oratorical Chairman, Robert O'Neill, Brigette Johnson, and Bob Ouellette, County Commander.

There are two portions of the contest one prepared oration and an extemporaneous oration. The Prepared Orations were each on some aspect of the Constitution of the United States with emphasis on the duties and obligations of a citizen to our government. The same subject and oration used in the Department Contest must be used in the National Contest.

Each contestant gave both their Prepared Oration and the Assigned Topic Discourse in order to receive the scholarship moneys they are entitled to.

The five minute speech for the County Contest was on, Amendment 3 - No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Detailed information on other requirements may be found on the National American Legion Web site or by clicking here.

See you there.

Bob Ouellette
County Commander