Technical Sergeant Robert Durrant hung a flag outside his home on base at Malmstrom Air Force Base: “Jesus is my King – Trump is my President.” Two factually correct statements for Sgt. Durrant and a reminder of his sincere Christian faith and his respect for his commander in chief.
What should have been an ordinary personal choice about what flag flew beside his family’s front door quickly uncovered a constitutional flashpoint. In an email from Balfour Beatty Military Housing Management (the military agent managing on-base military family housing at Malmstrom), Sgt. Durrant was told to remove his flag for failure to comply with the community guidelines in his lease—or face lease termination and eviction. Worse, Balfour included Sgt. Durrant’s military chain of command, and his leaders ordered him to comply with Balfour’s directive under threat of discipline. This incident should concern every American who cares about religious liberty and the rights of our service members.
At first blush, Sgt. Durrant’s story may sound like just another dispute about lawn ornaments (this is far from the first time Balfour’s found itself in hot water). But digging deeper, it’s clear why this issue resonates beyond one Air Force base and reveals a growing problem facing people of faith in other service branches.
Navy Lieutenant Commander Levi Beaird wanted to fly the Appeal to Heaven flag outside his on-base house in accordance with his faith but Liberty Military Housing (another agent profiting from managing military housing) at Joint Expeditionary Base Little Creek-Fort Story ordered him to remove it because of alleged complaints that it was offensive and racist. But a few months ago, after First Liberty Institute stepped in, Liberty Military Housing retreated.
Defending America is more than preserving borders or strengthening the military’s weapons. It also means preserving the very underpinnings of our country—rights guaranteed by the Constitution, especially the freedom to exercise one’s religion.
Service members don’t check their religious liberties at the door when they take their oath. The First Amendment and federal statutes like the Religious Freedom Restoration Act (RFRA) protect the free exercise of religion from burdens imposed by the government, even in the military. In the demand letter sent by First Liberty Institute, Balfour’s brash display of anti-Christian bias and discrimination was clearly outlined. While the company cites a “flag policy” found in the community guidelines, numerous other flags—ranging from LGBTQ pride to sports teams—were displayed openly before, during, and after this incident.
For Sgt. Durrant, forcing him to remove a religious expression is precisely the type of burden on religious liberty that the First Amendment and RFRA address. These laws safeguard individuals from arbitrary or discriminatory restrictions on religious expression. Treating Sgt. Durrant’s religious conviction as a lease violation raises obvious concerns of religious and viewpoint discrimination.
In 1996, the Military Housing Privatization Initiative was enacted by Congress. This allowed private companies—like Balfour Beatty—to obtain government contracts to own, maintain, and operate on-base housing. In turn, they became an arm of the government. What was originally meant to optimize construction and improve quality of life for service members has turned into disasters of fraud and unsafe conditions. Balfour Beatty Communities pled guilty in 2021 to a major fraud scheme involving military housing, admitting it falsified maintenance records on military housing contracts. This resulted in more than $65 million in fines and restitution.
Investigations into other contracted military housing uncovered mold infestations, rodents, and other unsafe conditions. Many service members and their families describe delays, poor repairs, and dismissive treatment from the contracted companies entrusted with their homes.
From fraud and mismanagement to presently restricting religious expression, these actions should cause anyone to wonder whether Balfour and other military housing management companies truly respect the constitutional rights and dignity of the military community it serves.
Sgt. Durrant’s story is not just about one flag on one base. When the government outsources a government function to a private contractor that then has the power to threaten eviction of military members for religious expression, that company is not just a vindictive landlord or a mean HOA president—it is functioning as a quasi-governmental authority. This is a reminder that the Constitution’s protections should never be diminished by privatization or administrative outreach.
The path forward is clear: Balfour Beatty must rescind its discriminatory demand, clarify policies that respect religious expression, and ensure that future enforcement does not single out private displays of faith. The Department of War should also reaffirm its commitment to ensuring its privatized housing partners respect the constitutional rights of service members.
Religious liberty is not just about enjoying a quiet Sunday—it is a foundation stone of American life and identity. It must be protected wherever Americans live, including on our military bases. For those who pledge their lives to defend this nation, the least we can do is ensure their freedoms here at home.
Erin Smith serves as Associate Counsel at First Liberty Institute.
