Posted on Sep 4, 2016
Should Military (Active Duty, Reservist & Guard) be allowed to "sit", in support of personal beliefs, during the National Anthem?
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http://www.cnn.com/2016/09/09/politics/navy-sailor-sits-national-anthem/index.html
I know many even wondered why I asked this question. I knew it was going to be a matter of time. I hope justice is served to this Sailor.
Here is another protest during the reciting of the Pledge of Allegiance. By a State Senator, no less.
http://www.foxnews.com/politics/2016/09/16/missouri-state-senator-sits-during-pledge-allegiance.html
I know many even wondered why I asked this question. I knew it was going to be a matter of time. I hope justice is served to this Sailor.
Here is another protest during the reciting of the Pledge of Allegiance. By a State Senator, no less.
http://www.foxnews.com/politics/2016/09/16/missouri-state-senator-sits-during-pledge-allegiance.html
Posted in these groups: 
Human Rights
Freedom of Speech
Human Rights Freedom of Speech
Edited 9 y ago
Posted >1 y ago
Responses: 148
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That question was unthinkable for my generation.. says a lot about the current generation and why we weep for the future..
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I would say no, you represent a neutral response to anything going on in the US. Your job is to protect the constitution from enemies foreign and domestic. Once you get that DD-214, you can do as you please.
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THIS SHOULD NOT EVEN BE A QUESTION!!!!! We have had countless people die for our Flag and this Nation. It is time we start remembering that. You dont like our Flag or our National Anthem then go back to where ever you came from. If your originating country believes are so damn great then go back.
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SGT Jody Beach
Then that's a real problem. If you opt to not respect the men and women that have died for you then lord have mercy on your soul. It should never be because you disagree with current events. Those current events have nothing to do with the men, women, children that died fighting off nations to give us these rights we enjoy. That should be respected. If any member wearing a military uniform can not respect traditions then they are wearing that uniform for the wrong reason and should resign ASAP.
When I stand for the National Anthem I stand with pride. Not for the politicians or military leaders, or the police. I stand for this country. I stand for my brothers and sisters who never made it home dead or alive.....
When I stand for the National Anthem I stand with pride. Not for the politicians or military leaders, or the police. I stand for this country. I stand for my brothers and sisters who never made it home dead or alive.....
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SFC (Join to see)
That's what Memorial Day is for. A lot of people are up in arms over this one damn QB. He has a right to do whatever he wants and I do not care if he stands or not. For the record, this country is jacked up at the moment. That's not even a debate. It's a fact. There are much bigger problems going on right now than the disrespect of our flag or our national anthem. Being disrespectful is not against the law. Murder is.
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In response to the original question, the UCMJ applies to all Servicemembers whether in uniform or not, regardless of component or status. If you're under contract, it applies. Period. With that in mind, click here to see what current U.S. law states: https://www.law.cornell.edu/uscode/text/36/301
The bottom line is, it says everyone should stand and render proper respect. Since this is enshrined in federal law, it is certainly enforceable by the General Article of the UCMJ, Article 134, even though the U.S. Code offers no penalty for enforcement. Obviously, it depends on whether you get caught, and whether the person who catches you doing it has the fortitude to charge you. But, make no mistake, there's no reason why any Serviceman couldn't be convicted under Article 134, resulting in all manner of punishment, including reduction in rank.
The bottom line is, it says everyone should stand and render proper respect. Since this is enshrined in federal law, it is certainly enforceable by the General Article of the UCMJ, Article 134, even though the U.S. Code offers no penalty for enforcement. Obviously, it depends on whether you get caught, and whether the person who catches you doing it has the fortitude to charge you. But, make no mistake, there's no reason why any Serviceman couldn't be convicted under Article 134, resulting in all manner of punishment, including reduction in rank.
36 U.S. Code § 301 - National anthem
June 22, 1942, ch. 435, §6, 56 Stat. 380; Dec. 22, 1942, ch. 806, §6, 56 Stat. 1077; July 7, 1976, Pub. L. 94–344, §1(18), 90 Stat. 812.
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CMDCM Jim McLain
Sorry to say MSgt, but you missed the mark also. You say, "The bottom line is, it says everyone should stand and render proper respect." However, U.S. Navy Regulations, Chapter 12, Section 2 states, "Whenever the National Anthem is played, all naval service personnel not in formation shall stand at attention and face the national ensign." I'm sure it's the same for the other branches. In other words, to not stand and render honors is a violation of our service regulations and punishable under Article 134 of the UCMJ. Been retired for 10 years, but in my book, this regulation still applies.
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MSgt Tim Parkhurst
CMDCM Jim McLain - You just made my point. Apparently, we are in violent agreement. If you understood from my answer that it's ok for any Serviceman NOT to stand and render honors, then you misread my answer. You are quoting Naval Regulations. I'm quoting federal law and the UCMJ. But, they are both saying the same thing. On that, we agree, so we not?
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No.
Customs and Courtesies is a group of rules and requirements for appropriate behavior. You can consider it to be a "Thou Shalt" not a "Gee, if you feel like it". As one of my prior supervisors used to say, "We're here to protect democracy, not practice it."
Standing for the National Anthem and for the Flag is a sign of respect for those who came before us. We don't stand to honor a pretty piece of colored cloth; we stand to acknowledge the sacrifices made by others. We stand for the Flag to honor those who came home under it.
If you have an individual who refuses to stand, they are refusing to pay the appropriate respect for that symbol and by direct connotation, they are refusing to show respect for those who've sacrificed the most. If they can't--or won't--show that respect, I submit they're in the wrong business. They need to go elsewhere.
Customs and Courtesies is a group of rules and requirements for appropriate behavior. You can consider it to be a "Thou Shalt" not a "Gee, if you feel like it". As one of my prior supervisors used to say, "We're here to protect democracy, not practice it."
Standing for the National Anthem and for the Flag is a sign of respect for those who came before us. We don't stand to honor a pretty piece of colored cloth; we stand to acknowledge the sacrifices made by others. We stand for the Flag to honor those who came home under it.
If you have an individual who refuses to stand, they are refusing to pay the appropriate respect for that symbol and by direct connotation, they are refusing to show respect for those who've sacrificed the most. If they can't--or won't--show that respect, I submit they're in the wrong business. They need to go elsewhere.
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MSgt John Carter
By the way, I was totally horrified by the number of people who voted "Yes, it's their constitutional right." I wonder if this is a leadership and/or training issue?
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SSG (Join to see)
"We're here to protect democracy, not practice it."
Can I borrow that? That may in fact be the best, most succinct wrap-up of Constitutional freedoms in the military that I've ever seen.
Can I borrow that? That may in fact be the best, most succinct wrap-up of Constitutional freedoms in the military that I've ever seen.
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SGT Christopher Churilla
MSgt John Carter I agree with your view of the flag. I also see the sacrifice of those who came before us and to not do it is an insult to them, that their sacrifice means nothing to you.
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NO!! I'm retired and still stand for it. Same as when a flag in a parade passes, you stand.
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Don't put the uniform on if you want to disrespect your country, flag or principles of the military and the nation. If you ARE already a member of the uniformed services and want to exhibit such egregious behavior then by all means open a "Kick My Ass" booth at the local county fair because there are thousands of veterans who've served in hell-holes around the world that will line up for tickets. (okay. old guy rant is complete)
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