He said he does not expect the Army to stop administering the spirituality portion of the test. Weinstein and his legal team intend to pursue legal remedies if they are rebuffed, he said.
The Freedom From Religion Foundation has also sent a letter to McHugh calling on the Army to stop assessing soldiers' spiritual fitness.
Additionally, Jones Day filed a Freedom of Information Act (FOIA)request last week on behalf of Griffith and MRFF, seeking a wide range of documents related to the development of the spiritual portion of CSF. Truthout is also a party to the FOIA request.
A Defense Department spokesperson did not return calls or emails for comment.
CSF is based entirely on the work of Dr. Martin Seligman, a member of the Defense Health Board, a federal advisory committee to the secretary of defense, and chairman of the University of Pennsylvania's Positive Psychology Center, who the Army calls "Dr. Happy."
Seligman, who once told a colleague that psychologists can rise to the level of a "rock star" and "have fame and money," is the author of "Authentic Happiness: Using the New Positive Psychology to Realize Your Potential for Lasting Fulfillment." The Penn Resiliency Program, upon which the Army's CSF is based, "teaches cognitive-behavioral and social problem-solving skills and is based in part on cognitive-behavioral theories of depression by Aaron Beck, Albert Ellis" and Seligman.
Despite his "happy" reputation, in some circles, Seligman is best known for developing the theory of "Learned Helplessness" at the University of Pennsylvania more than four decades ago. As psychologist and torture expert Dr. Jeffrey Kaye noted in a report published in Truthout last year, Seligman and psychologist Dr. Steven Maier developed the concept of Learned Helplessness after they "exposed dogs to a situation where they were faced with inescapable electrical shocks."
"Within a short period of time, the dogs could not be induced to escape the situation, even when provided with a previously taught escape route," Kaye wrote. "Drs. Seligman and Maier theorized that the dogs had 'learned' their condition was helpless. The experimental model was extended to a human model for the induction of clinical depression and other psychological conditions."
Seligman's work in this area influenced psychologists under contract to the CIA and Defense Department, who applied the theory to "war on terror" detainees in custody of the US government, according to a report published in 2009 by the Senate Armed Services Committee.
In May of 2002, the timeframe in which the CIA began to use brutal torture techniques against several high-value detainees, Seligman gave a three-hour lecture at the Navy's Survival Evasion Resistance Escape school in San Diego. Audience members included the two psychologists - Bruce Jessen and James Mitchell - who have been called the architects of the Bush administration's torture program.
Five months earlier, Seligman hosted a meeting at his house that was attended by Mitchell, along with the CIA's then-Director of Behavioral Science Research, Kirk Hubbard, and at least one "Israeli intelligence person." Seligman claims he was totally unaware his theory on Learned Helplessness was being used against detainees after 9/11 and denied ever engaging in discussions about the torture program with Mitchell, Jessen, or any other Bush administration official.
Seligman, a past president of the American Psychological Association (APA), began consulting with General Casey in September 2008 about applying the research he and his colleagues have conducted over the past decade to the benefits of his theories on "Learned Optimism" to all of the Army's active-duty soldiers. Seligman then met with Cornum in December 2008 to discuss creating the foundation for CSF as a way to decrease PTSD.
"Psychology has given us this whole language of pathology, so that a soldier in tears after seeing someone killed thinks, 'Something's wrong with me; I have post-traumatic stress,' or PTSD," Seligman said in August 2009. "The idea here is to give people a new vocabulary, to speak in terms of resilience. Most people who experience trauma don't end up with PTSD; many experience post-traumatic growth."