This worthy Change.Org petition, which you should sign forthwith, was written and organized by our friend Stephanie Wade, a Marine veteran and president of OC’s Lavendar Dems:

Question Your Orders!

Training for the CA Guard on the Duty to Disobey Unlawful Orders

The Issue

Petition to the Honorable Gavin C. Newsom, Governor of California:
Mandatory Military Training on the Duty to Disobey Unlawful Orders

Preamble:

Dear Governor Newsom,

We, the undersigned citizens of California, submit this petition with the utmost urgency and respect for the sanctity of our democracy and the rule of law, as well as a deep concern and respect for those who serve our state in military uniform. Recent events, including U.S. military strikes against civilian boats and ships in the Caribbean and ongoing debates concerning the deployment of our armed forces within American cities for overtly political purposes, have highlighted a pressing need for enhanced training on the Uniform Code of Military Justice (UCMJ). As the nature of civil-military relations and use of force policies are being subverted by the current presidential administration, it is imperative that our service members possess a thorough understanding of their legal obligations and ramifications of their actions.

Such training not only protects the people of our state from tyranny but protects our military personnel from moral injuries and legal consequences of following unlawful orders.

Therefore, we propose and strongly encourage you, as Commander and Chief of both the California National Guard and the California State Guard, to implement the following measures to ensure that all members of the California National Guard and the California State Guard receive the necessary training to uphold their sworn oath to the Constitution of the United States and to strictly adhere to the rule of the UCMJ with regard to any and all unlawful orders they may receive.

I. Proposed Measures:

A. Mandatory Training Requirement: We call upon you to mandate that all members of the California National Guard and the California State Guard receive a minimum of 2 hours of instruction per calendar year specifically focused on their duties under the UCMJ. This training would emphasize two critical components:

The obligation of every service member to follow lawful orders as well as the duty to disobey unlawful orders under articles 90, 91, 92, 133 and 134 of the UCMJ, the precedents set by the Nuremberg Trials (1945-46), U.S. v. Keenen (1969), and U.S. v Calley (1971); and the standard set by the Manual for Courts Martial, which holds that servicemembers have legal responsibility to disobey, a duty to disobey, any order that a “person of ordinary sense and understanding” knows to be “unlawful.”

B. Training Standard: We would have you stipulate further that the content of each two-hour block of instruction be approved by a JAG Officer; that it be delivered by a commissioned officer from the recipient’s chain of command, and, at least one non-commissioned officer from that same command.

II. Assessment and Affidavit: Upon completion of the training, each service member would be required to:

A. Pass a JAG approved examination that assesses their understanding of lawful and unlawful orders under the UCMJ.

B. Sign and date an affidavit affirming their completion of the annual training and acknowledging their accountability under the UCMJ for correctly obeying lawful orders and disobeying unlawful orders and that this record be maintained in each individual’s service record book.

III. Promotion and Reenlistment Condition: The policy should also stipulate that, beginning January 1, 2026, no promotion or reenlistment of members of the California National Guard or California State Guard shall proceed until the individual has successfully completed the mandated training on lawful and unlawful orders. This prerequisite ensures that all service members are adequately prepared to make sound ethical decisions in the line of duty.

Conclusion:

We believe that these measures are essential to maintaining the good order and discipline of our state military forces, ensuring that our service members are equipped with the knowledge and legal clarity necessary to navigate complex situations; and that our Guard forces continue to serve, rather than repress the American people.

Endorsed and supported by: