"While her explanation at trial may invoke religion, there is no evidence that posting signs at her workstation was an 'exercise' of that religion in the sense that such action was 'part of a system of religious belief,'" the court ruled.
Sterling's attorney disagrees.
"Cpl. Sterling made it clear to her supervisor that these verses are part of her religious beliefs. There is no doubt that she was targeted for her faith," said Berry, who is also co-counsel in the case, United States v. Sterling.
"The U.S. Supreme Court has ruled that it cannot determine what is or is not central to a person's beliefs," he said. "Centrality of belief is not an appropriate test. In Cpl. Sterling's case, she made it clear that sharing Bible verses was part of her religious beliefs."
The case will now go to the Court of Appeals for the Armed Forces – the highest military court in America. Oral arguments for Sterling's appeal will likely be heard in the spring.
"The first and foremost issue for the court to determine is if RFRA applies to the military," said Berry. "The outcome will send a clear message to people serving in the military on whether their religious freedom will be protected by the military court system."
"RFRA guarantees analysis and procedure – a legal review that constitutional rights are protected. But the military neglected to do this. Staff Sergeant Alexander should have evaluated the facts and circumstances and asked Cpl. Sterling why it was important for her to post the Bible verses. This never happened."
Sterling is currently on appellate leave, whereby she is prohibited from performing military duties. Since receiving a Bad Conduct Discharge, she has been unemployed and is struggling to find work. The charge also prevents her from receiving government funds or veterans benefits.
"Cpl. Sterling believes her religious beliefs should not be taken away simply because someone orders her to do so," said Berry. "We are grateful that the court granted review of this case and are hopeful of a favorable ruling. Cpl. Sterling deserves that, as do all military men and women who want to practice their faith."