On The Front Lines
Rutherford Institute Attorneys Appeal to U.S. Supreme Court on Behalf of Decorated U.S. Fighter Pilot & Evangelical Christian
WASHINGTON -- Attorneys for The Rutherford Institute have asked the U.S. Supreme Court to protect the rights of plaintiffs in civil rights lawsuits to recover reasonable attorneys' fees and costs when the case has been resolved through legislative action. The appeal arises out of a case involving Lt. Col. Martha McSally, a decorated pilot with the U.S. Air Force, who challenged a military policy requiring servicewomen stationed in Saudi Arabia to wear a Muslim abaya when off base. The abaya is a black head-to-toe robe worn in certain Muslim cultures and perceived as a sign of subordination to men. As a result of the lawsuit, Congress enacted legislation prohibiting the military from requiring or encouraging that the abaya be worn and from retaliating against those who choose not to wear it. Institute attorneys are challenging the military's assertion and subsequent district and appellate court rulings that the military is not obligated to pay reasonable legal fees because the case was resolved through legislative action."Like so many courageous Americans before her, Martha McSally is the embodiment of a true patriot, standing her ground on principle in the face of what seemed like overwhelming odds," said John W. Whitehead, president of The Rutherford Institute. "This case underscores the importance of ensuring that those who take a stand for their civil rights and the attorneys who fight alongside them are not penalized financially for doing so. Some of our nation's most important civil rights battles might never have been fought had it not been for the willingness of activist groups and pro-bono lawyers to carry on the fight."
The Rutherford Institute brought the case into the national spotlight when its attorneys filed suit in December 2001 on behalf of McSally, whose efforts over the course of several years to have the abaya policy changed had resulted in stonewalling and retaliation. The suit, filed against Secretary of Defense Donald Rumsfeld, charged that the military's dress policy violated McSally's constitutional rights to equal protection and her freedoms of religion and speech. The Rutherford Institute, working in conjunction with McSally and leaders on Capitol Hill, also sought to resolve the problem of the unconstitutional dress policy through legislative means. On Dec. 2, 2002, President George W. Bush signed into law a bill that prohibits the Department of Defense from requiring or even formally urging servicewomen stationed in Saudi Arabia to wear the abaya. In their appeal to the U.S. Supreme Court, Institute attorneys contend that McSally is entitled to reasonable attorneys' fees and legal costs in light of the fact that the DoD fought for seven years to maintain the policy, despite the policy's obvious infringement on First Amendment free speech and blatant gender discrimination, and was forced to change its policies after Congress intervened. Rutherford Institute affiliate attorneys Randall Shaheen with the law firm of Arnold & Porter in Washington, D.C., and Thomas Neuberger with the Neuberger Firm in Wilmington, Del., are representing McSally before the high court.
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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