Last month, the Military Religious Freedom Foundation (MRFF), acting on behalf of seventeen alumni, staff, faculty, and midshipmen at the U.S. Merchant Marine Academy (USMMA), a group that has now grown to twenty-six, had a swift and successful interaction with the Academy’s superintendent, Vice Admiral Joanna M. Nunan, regarding an enormous painting of Jesus hanging in the Academy’s administration building, Wiley Hall.
Vice Admiral Nunan agreed with MRFF and its clients that the colossal painting, depicting a ginormous Jesus hovering over a lifeboat full of sailors, was inappropriate and unconstitutional in a federal service academy’s administration building, in a room where, among other official activities, Midshipmen Honor Boards are held.
While MRFF had initially demanded that the giant painting be moved to the chapel, Vice Admiral Nunan’s solution, which both MRFF and its clients were satisfied with, was to install curtains covering the painting, which she said couldn’t be moved because of its massive 10 foot by 19 foot size. The curtains would be kept closed during official Academy events, but could be opened if someone wanted to view the painting.
Problem solved. End of story, right? Wrong.
Now four MAGA extremist congressmen have decided they want Vice Admiral Nunan to “Immediately return the painting to the way it was displayed” and to “Cease all effort to remove or limit displaying of the painting,” as they wrote to her in a February 9 letter.
They also want the Vice Admiral Nunan to “Provide [their] offices with all correspondence with the Military Religious Freedom Foundation discussing [her] plans regarding the painting.”
And a fifth MAGA congressman has written to Transportation Secretary Pete Buttigieg, asking him in a February 13 letter to “act immediately to correct” the covering of the painting. (Although the Merchant Marine Academy is a federal service academy whose midshipmen receive commissions in the military upon graduation just like the graduates of the other service academies, it is under the Department of Transportation rather than the Department of Defense.)
So, who are these five MAGA meddlers who are trying to undermine Vice Admiral Nunan sensible and fair solution to the ginormous Jesus issue?
Well, first up we have Mike Garcia (R-CA). Rep. Garcia was among the 139 members of the House to vote against certifying the results of the 2020 election on January 6, 2021, and was endorsed by Trump in the 2022 election. He has accused the Capitol Police of “acting effectively as the Gestapo,” and after the FBI raid on Mar-a-Lago he accused the Biden administration and the so-called “deep state” of “weaponizing federal agencies,” saying on a right-wing podcast, “This is literally tyranny of a majority right now that is acting more like a Third Reich than they are the United States.”
Next up is Rep. Mark Green (R-TN). Rep. Green also voted against certifying the 2020 presidential election results and was also endorsed by Trump in the 2022 election. In 2017, Rep. Green was Trump’s pick for Secretary of the Army, but after facing much criticism for his anti-LGBT and anti-Muslim statements, he withdrew his nomination and played the Christian persecution card, boo-hooing that his “Christian beliefs have been mischaracterized and attacked.”
Next we have Rep. August Pfluger (R-TX). Also voting to overturn the 2020 election results, Rep. Pfluger was rewarded with an endorsement from Trump in 2022. In a statement on the FBI’s Mar-a-Lago raid, Rep. Pfluger wrote that it was “a continuation of the biggest political scandal in U.S history where Democrats, the media, and others in the government have been plotting against President Trump at every turn.”
And then there’s Rep. Warren Davidson (R-OH). Like the other three signers of the letter to Vice Admiral Nunan, Rep. Davidson also voted against certifying the 2020 presidential election results and was also endorsed by Trump in 2022. Last year, when Washington, D.C. Mayor Muriel Bowser tweeted a reminder to residents that proof of vaccination would be required to enter many business, Rep. Davidson tweeted an image of a Nazi Germany health card back at Bowser with the words “This has been done before. #DoNotComply.” Rep. Dean Phillips (D-MN), who is Jewish, told CNN’s Jake Tapper that when he confronted Rep. Davidson about the tweet Davidson “could have cared less.”
And, lastly, there’s Rep Jim Banks (R-IN), who authored the separate letter to Secretary Buttigieg. Like the four MAGA reps who wrote to Vice Admiral Nunan, Rep. Banks also voted against certifying the 2020 presidential election results, and Trump has already endorsed him in Indiana’s Senate primary for 2024. Tweeting a Fox News article about his Jesus painting letter, Rep Banks wrote, “This is just the latest example of the Left’s woke agenda. We must fight back!”
Now that we know a bit about these, let’s move on to the letter from Reps. Garcia, Green, Pfluger, and Davidson to Vice Admiral Nunan. The letter begins:
Dear Vice Admiral Nunan,
We are writing to raise concerns with your recent action regarding the painting titled "Christ on the Water” located in Wiley Hall. According to media reports, on or about January 20. 2023 at your direction your staff covered a painting—which memorializes sailors lost at sea during WWII and contains a depiction of Jesus Christ—and indicated that you support its removal. You have since stated that this painting will be hidden during official events.
"Christ on the Water”, which has been displayed in Wiley Hall for nearly 80 years, is an important reminder to every midshipman of the risks they take and the sacrifices of those who came before them. …
First of all, you cannot say what this painting is a reminder of to “EVERY midshipman.” To non-Christian midshipmen, such as those of other religions among MRFF’s USMMA clients, the gigantic Jesus hovering over the room is more likely a reminder of the Christian supremacy that makes them feel like second-class citizens who aren’t part of the “right” religion for the Academy. But we can hardly expect this group of “Christian” congressmen who tweet anti-Semitic images and make anti-Muslim statements to grasp that concept, now can we?
Secondly, and a point that becomes very important when we get to the congressmen’s legal arguments, is the fact that, while it is true that this painting has hung in the Elliot M. See room in Wiley Hall for seventy-six years, when it was initially hung there the Elliot M. See room was a CHAPEL. The painting was painted in 1944 to be hung in the chapel at the U.S. Merchant Marine Basic School in San Mateo, California, and when that school was closed in 1947, it was moved to its present location — in another chapel. But the Elliot M. See room is no longer a chapel, and hasn’t been since 1961.
The letter continues:
… As you know, this painting was completed by Lt. Hunter Wood—a graduate of the New York Merchant Marine Academy—in the early years of World War II and would become a prescient warning of the dangers Merchant Marines would face in the conflict. No branch of the American military lost a higher percentage of servicemen during the war than the Merchant Marines who were tasked with escorting convoys across the submarine infested waters of the Pacific and Atlantic. President Franklin D. Roosevelt would call their mission "the biggest. the most difficult and dangerous job ever undertaken.” It is vital that these sacrifices are honored and that midshipmen understand the legacy of those who went before them.
Really? The midshipmen are going to learn this vital history from a painting of an apparition of Jesus appearing to mariners lost at sea? This has nothing to do with the midshipmen understanding the legacy and sacrifices of those who went before them. It’s all about Christian nationalists wanting a great big painting of Jesus in a secular government institution.
The letter continues:
Further, there are reports that your decision was made after concerns were raised by an outside group that displaying "Christ on the Water'' violates religious freedom concerns. We want to clarify that the Supreme Court has repeatedly ruled that this is not the case. For instance, in Van Orden v. Perry, the Court ruled that “[s]imply having religious content or promoting a message consistent with a religious doctrine does not run afoul of the Establishment Clause." In Van Orden, the court found that as long as the display of religious messages or symbols of historical significance were not done for a plainly religious purpose, it does not violate First Amendment protections. …
The “outside group” would of course be MRFF, but the twenty-six clients that MRFF is acting on behalf of include USMMA midshipmen, staff, and faculty, all of whom are most definitely inside the Academy.
As for Van Orden v. Perry, this is comparing apples to oranges.
Van Orden was a case over the constitutionality of a Ten Commandments monument on the grounds of the Texas State Capitol. The Ten Commandments monument was just one item in a group of 21 historical markers and 17 monuments surrounding the Capitol, and, as in other cases where the questionable display was just one part of a larger secular display, the Court ruled in favor of allowing the religious item to stay. But this is not the case with USMMA’s jesus painting. It is not part of a larger display, but is a large display in itself — a 10 foot by 19 foot focal point as opposed to a 6-foot-tall monument placed among a group of 38 various monuments and historical markers.
As the Court said: “Texas has treated her capitol grounds monuments as representing several strands in the State's political and legal history. The inclusion of the Commandments monument in this group has a dual significance, partaking of both religion and government, that cannot be said to violate the Establishment Clause.”
As Justice Stephen Breyer wrote in his concurring opinion: “The circumstances surrounding the monument's placement on the capitol grounds and its physical setting provide a strong, but not conclusive, indication that the Commandments' text as used on this monument conveys a predominantly secular message.”
In no way does USMMA’s Jesus painting convey a secular message. It is a purely religious painting, with Jesus undeniably being the primary figure. Jesus is more than ten times as big as the tiny little sailors in the boat. Each sailor is only about the size of one of Jesus’s hands! In fact, Jesus is bigger than the whole damned boat!
But the most important words in Justice Breyer’s concurring opinion are these (emphasis added):
“… in all constitutional cases, [the Court] must reflect and remain faithful to the underlying purposes of the First Amendment's Religion Clauses—to assure the fullest possible scope of religious liberty and tolerance for all, to avoid the religious divisiveness that promotes social conflict, and to maintain the separation of church and state.
Does the USMMA’s Jesus painting “avoid the religious divisiveness that promotes social conflict?” Obviously not!
The letter then moves on to another, more recent, Supreme Court case:
… Further, in American Legion v. American Humanist Association the Court ruled that a Christian cross erected lo honor soldiers killed in World War I and placed on property owned by Maryland's Prince George's County did not violate the First Amendment. The Court ruled that “retaining established, religiously expressive monuments, symbols, and practices is quite different from erecting or adopting new ones”. …
Yes, the Court in American Legion v. American Humanist Association replaced the time-honored “Lemon test” with a new “historical test” for deciding cases of this nature. But the explanation of the Court for taking history into account involved more than something just being old.
The Court laid out four reasons why a religious monument or display might be deemed constitutional because of its age.
“First,” wrote the Court, “these cases often concern monuments, symbols, or practices that were first established long ago, and thus, identifying their original purpose or purposes may be especially difficult.”
But that is not the case when it comes to the Jesus painting. We do know what its original purpose was. It was painted to be hung in a chapel, making it clear that the intent of the artist was to paint a religious painting.
“Second, as time goes by, the purposes associated with an established monument, symbol, or practice often multiply, as in the Ten Commandments monuments addressed in Van Orden and McCreary County v. American Civil Liberties Union of Ky., 545 U. S. 844. Even if the monument’s original purpose was infused with religion, the passage of time may obscure that sentiment and the monument may be retained for the sake of its historical significance or its place in a common cultural heritage.”
Nothing about the original purpose of USMMA’s Jesus painting has “multiplied” or been “obscured.” This might have been the case when it came to the Bladensburg Cross, with the cross symbol having become somewhat synonymous with Word War I for several reasons, rendering it, in the eyes of many, as much a secular symbol as a religious icon. But this is certainly not the case with USMMA’s Jesus painting. No amount of time will make this painting lose its strictly religious symbolism.
“Third, the message of a monument, symbol, or practice may evolve. … Familiarity itself can become a reason for preservation.”
Again, in the case of a World War I monument, the cross symbol has evolved over time into a symbol of that war, leading people to see it as a symbol of World War I rather than a religious symbol. And, again, for reasons already stated, this evolution over time can in no way apply to the singular religious meaning of USMMA’s Jesus painting. There is no general association of a giant Jesus hovering over a boat with the Merchant Marine in World War II or at any other time.
“Fourth, when time’s passage imbues a religiously expressive monument, symbol, or practice with this kind of familiarity and historical significance, removing it may no longer appear neutral, especially to the local community.”
Here again we have a major difference between the Bladensburg Cross World War I monument and the USMMA jesus painting. While a local community might become so familiar with a monument and its historical significance that removing it may no longer appear neutral, the same cannot be said of a religious display at a service academy, where midshipmen attend for a mere four years and there is a new class of midshipmen every year who will see this daunting display of religion anew. This is completely different from a local community that has seen a monument that has taken on a secular meaning for years and years and grown fond of it for other than religious reasons.
Yes, the USMMA Jesus painting is old. But even according to our current pro-Christian nationalism Court, that in itself is not enough.
The congressmen’s letter concludes:
… Both opinions also stressed that government intervention to unduly remove religious symbols could violate the Establishment Clause.
Given that this painting holds important historical significance to the Academy, honors servicemen lost in service to the nation, and removal of the artwork may be in violation of religious freedom protections, we write to request that you:
1. Immediately return the painting to the way it was displayed prior to your mid-January order to cover it.
2. Cease all effort to remove or limit displaying of the painting.
3. Provide our offices with all correspondence with the Military Religious Freedom Foundation discussing your plans regarding the painting.
Further, your January 26th statement regarding this painting states that “this solution balances legal requirements with the concerns of those who have an interest in the painting.” Please supply our offices with evidence of the legal requirements you reference and their relationship to the Van Orden v. Perry and American Legion v. American Humanist Association decisions.
We appreciate your attention to this matter and kindly request your response by February 24, 2023.
How can the “removal of the artwork may be in violation of religious freedom protections?” Nobody’s religious freedom will be violated by not being able to see this painting at all times. Now, think about that statement. If these congressmen are arguing that religious freedom might be harmed by not being able to see this painting, they are right there admitting that the painting is so religious that this could be possible.
On the other hand, leaving the painting uncovered at all times will most certainly “be in violation of religious freedom protections” of non-Christian midshipmen if visible during official Academy events.
As I previously wrote, using the example of Midshipmen Honor Boards, which are held in this room, at which midshipmen are defending themselves against alleged honor violations: “Just imagine being a non-Christian USMMA midshipman in that already agonizing situation, with your whole future hanging in the balance, and then throw in a giant Jesus hanging over the proceedings to make it even more distressing. Especially to non-Christian USMMA midshipmen, faculty, and staff who find themselves in this room for other, less dire reasons, the looming lord and savior of Christians might as well be a great big neon sign saying, ‘You really don’t belong here.’” Now go a step further and imagine that the non-Christian midshipman at their Honor Board has never had occasion to be in this room before, and is so taken aback by seeing the enormous Jesus painting for the first time that their ability to defend themselves is diminished. This would constitute real, potentially irrevocable harm done to that midshipmen by the presence of the painting.
There is no room for debate here. Covering the painting can do no real harm to those who wish to view it, especially since they will be able to view it by drawing back the curtains when the room is not being used for an official Academy event. But the painting can indeed do real harm to non-Christian midshipmen if left uncovered at all times.
Now, here is the letter from Rep Jim Banks to Secretary Pete Buttigieg, which needs no further comment, as it just makes the same easily arguable points is the other congressmen’s letter to Vice Admiral Nunan:
Secretary Buttigieg,
I write to you today out of great concern regarding recent news at the United States Merchant Marine Academy.
Several outlets have reported that a piece of artwork painted by U.S. Maritime Service Lt. Hunter Wood in 1944 has been covered to create a “welcoming environment.”
The piece, titled “Christ on the Water,” was designated a heritage asset by the Maritime Administration and has significant historical value. The painting depicts an image of Jesus and merchant seamen adrift in a lifeboat during World War II.
Between 1939 and 1945, 9,521 merchant mariners lost their lives — a higher proportion than those killed in any military branch, according to the National World War II Museum.
This painting has conveyed hope and inspiration to nearly every class of midshipmen to come through the Academy.
In 2019, the Supreme Court ruled that historic displays with religious symbolism are not a violation of the constitution. In this case, the justices defended the preservation of a large cross monument because it was erected nearly a century ago as a memorial to soldiers lost in World War I – very similar to Wood’s painting.
More than 4,000 midshipmen, alumni and community of the United States Merchant Marine Academy have signed a petition asking for the removal of this curtain to allow the original artwork to be viewed and that a plaque describing the historic significance of the painting be placed alongside it.
I support their request and believe there is ample evidence that previously established legal precedent negates the “constitutional concerns” of an anti-Christian activist who is so extreme that he has described the Wreaths Across America program as “the Annual Government-Sanctioned Desecration of Non-Christian Veterans.”
Given that the United States Merchant Marine Academy is within the jurisdiction of the Department of Transportation, I ask that you act immediately to correct this.
Jim Banks
Member of Congress
How much divisiveness is this painting causing at the Academy? Just read this almost unbelievable email from one of MRFF’s USMMA midshipman clients, in which the midshipman tells us what occurred the other day at a mandatory meeting of the entire senior class led by USMMA’s Director of Leadership and Ethics, Captain Patrick Keane, who, like the MAGA congressmen, wants giant Jesus to be uncovered. The level of insubordination and disrespect shown by Captain Keane towards his superior Vice Admiral Nunan is nothing short of staggering:
From: U.S. Merchant Marine Academy Midshipman's/MRFF Client’s E-mail Address withheld
Subject: Merchant Marine Academy WORSE OFF than before
Date: February 13, 2023 at 5:36:06 PM MST
To: Mikey Weinstein <mikey@militaryreligiousfreedom.org>
Mikey,
I am a USMMA midshipman client of the MRFF at the U.S. Merchant Marine Academy at Kings Point, NY. I personally witnessed what happened at the meeting described below and which was just held there this afternoon. I want to thank the MRFF for advocating on my behalf and for the 25 other USMMA midshipmen, staff, faculty and graduates who stand alongside me.
Unfortunately it seems that the situation with the painting has not improved. Just now, the entire senior class at the Merchant Marine Academy had a mandatory meeting with the Director of Leadership and Ethics, Captain Patrick Keane, about diversity and leadership in regards to what happened with the "Jesus on the Water" painting.
Captain Keane, rather than explaining that as leaders we should attempt to be accommodating to our subordinates and their differences, instead spent the time talking about why Vice Admiral Nunan was wrong in her decision about the painting, why he disagrees with her, and why we should too. In short, he wanted to enforce his own viewpoint onto us and encouraged us to do so as leaders. This Captain, who is supposed to be the school's authority on leadership and ethical decision making, made an act of supporting Christian nationalism in front of myself and my 200+ classmates, and said that those who do not agree should "learn the right time to get your feelings hurt" (in his own words).
By enforcing this mandatory meeting for the class about to graduate and commission as leaders in the military, the Merchant Marine Academy has made their stance on the issue very clear. If given the option, they would have kept the painting uncovered. That the reason it was covered was not because the presence of the painting insinuates that the school has established itself as a Christian institution, nor because they understood that the prevalence of Christ imagery is uncomfortable and offensive for some; they covered the painting exclusively to avoid litigation. Frankly, it is appalling that this level of disrespect and insubordination to our Superintendent is found within the Academy at one of the highest levels of leadership, and even more so that midshipmen are being encouraged to do the same.
(Name and also other ID of USMMA Midshipman/MRFF Client withheld)
MRFF founder and president Mikey Weinstein had a few words to say about Captain Keane’s outrageous message to the USMMA class of 2023 and his encouragement of insubordination among these midshipmen:
“The recent abominably unconstitutional actions alleged to have been perpetrated by the Head of Leadership and Ethics at the United States Merchant Marine Academy represent the epitome of both the shameful conceit and national security threat danger of fundamentalist Christian nationalism inextricably intertwined into the very fabric of one of our nations five Federal service academies. The senior leadership of the Academy, the U.S. Maritime Service, and the Department of Transportation must aggressively and expeditiously investigate these wretched and scandalous allegations. If they are proven to be true, they must immediately terminate with prejudice the individual responsible here, and any others who are directly or indirectly likewise found to be responsible for the alleged filth he spewed, at a mandatory meeting, to the assembled Senior Class of 2023 at the Academy on the afternoon of Monday, February 13, 2023. If what transpired is substantiated through this investigation, there is a little else that could be more fatally injurious or antithetical to good order, morale, discipline, and unit cohesion than his unadulterated support of this unconstitutionally oppressive and dogmatic version of the Christian faith, whilst concomitantly demeaning and marginalizing all others including savagely attacking the credibility of his own Academy chain of command.”
Fox News reported on Monday that Vice Admiral Nunuan has put a band-aid on the issue, sending out an email saying that "The Elliott See Room is designated as a place of quiet reflection for faculty, staff, Midshipmen, and alumni. Official business will no longer be conducted in the room until such time as this notice is revoked."
She further wrote, “There is no exception to this policy even if all potential attendees express comfort in meeting in the Elliott See Room,” and defined official business as including but not being limited to mandatory meetings for administrators, midshipmen, faculty, and staff; executive and honor boards meetings; “Midshipmen Club meetings;” and gatherings of alumni, parents, or other outside parties in which administrators, faculty, staff, and/or Midshipmen attendance is expected.