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.

Do you have talent?

America's got talent to give uniformed troops priority at Washington D.C. casting call The NBC hit show "America's Got Talent" will be conducting auditions in the Washington D.C. area and will be giving special appointments to servicemembers who attend in uniform.

Auditions will be held on Friday, Feb. 13 and Saturday, Feb. 14 at the Gaylord Complex at the National Harbor in Oxon Hill, Maryland.

Servicemembers must attend the casting in uniform in order to recieive priority placement. Those interested in receiving an appointment can write to nigeltv@gmail.com .

For more information contact Victor Hurtado at (202) 756-4568 or by email at agtmilitarycasting@martenvee.com

Do you have talent?

America's got talent to give uniformed troops priority at Washington D.C. casting call The NBC hit show "America's Got Talent" will be conducting auditions in the Washington D.C. area and will be giving special appointments to servicemembers who attend in uniform.

Auditions will be held on Friday, Feb. 13 and Saturday, Feb. 14 at the Gaylord Complex at the National Harbor in Oxon Hill, Maryland.

Servicemembers must attend the casting in uniform in order to recieive priority placement. Those interested in receiving an appointment can write to nigeltv@gmail.com .

For more information contact Victor Hurtado at (202) 756-4568 or by email at agtmilitarycasting@martenvee.com

Post 295 Welcomes Poolesville to Our American Legion Baseball Program

The 2008 American Legion Maryland Champions is please to announce that the Poolesville High School Cluster has been added to our assigned schools for American Legion Baseball. The other schools include Northwest High School, Quince Orchard High School and Seneca Valley High School.

What that means is that any baseball player living in the Poolesville area and born after Jan 1, 1990 is eligible to play American Legion Baseball for Gaithersburg Post 295. Private school students living in the area, who would otherwise attend Poolesville, are also eligible.

Gaithersburg Post 295’s baseball team has been a powerhouse over the last several years. In 2008 Gaithersburg Post 295 won the Montgomery County Title for the 5th time in the last six years and won the Maryland State Championship for the 3rd time in five years.

Gaithersburg Post 295 will be hosting the 2009 American Legion Maryland State Tournament at Shipley Field on the University of Maryland beginning on July 26th. Gaithersburg Post 295 will open their title defense with a 7pm start on the 26th.

Since 1983, The American Legion, Vietnam Veterans Memorial, Post 295 has sponsored a youth baseball program, playing as Gaithersburg Post 295. During these past three decades, hundreds of young players have enjoyed playing baseball. American Legion Post 295 and their more than 500 members have raised thousands of dollars each year for players to learn the importance of teamwork, discipline, leadership and good sportsmanship. American Legion Post 295 sponsors American Legion Baseball to give players an opportunity to develop their skills, personal fitness, and leadership qualities and to have fun.

Players interested in playing American Legion Baseball need to contact Gaithersburg Post 295 Manager Rick Price at 301-990-0112. Sign-ups have already occurred before this change was announced.

Post 295 To Host 2009 Maryland State Tournament

The American Legion Department of Maryland State Basball Committee has approved a bid by Gaithersburg Post 295 to host the tournament.

The tourament will be held at the University of Maryland's Shipley Field.

The first game will be on Sunday, July 26th. The tournament will run through Thursday July 31st. More to details to follow ....

For the Veteran!

Bob Ouellette
Montgomery County Commander
Commander Post 295