The July 23 Washington Post / Newsweek forum “On Faith” has interesting responses on Chaplains and faith in the military, in response to the recent ACLU complaint over prayer at the US Naval Academy noon meal.
Particularly interesting are Chuck Colson’s and Cal Thomas’.
In a ruling that could also impact religious activities in the military, the 4th Circuit has ruled that the government can control the content of prayers offered during its legislative sessions. Former Supreme Court Justice Sandra Day O’Connor sat on the panel as a visiting judge and contributed to the ruling.
Justice O’Connor said that the prayer was “government speech,” not individual speech. Reverend Hashmel Turner, also a local councilman, had sued when he was prevented from offering a sectarian prayer that would include the name of Jesus Christ. The Reverend had been represented by the Rutherford Institute, which plans to appeal to the Supreme Court.
As noted at the Religion Clause, Americans United for the Separation of Church and State has asked the Inspector General (an increasingly popular office, these days) to investigate
…an Army base’s practice of coercing soldiers to attend church services…
Tabernacle Baptist Church’s “Free Day Away” allows trainees from nearby Fort Leonard Wood to get a break from the base as well as attend an evangelical church service.
Quoted in a local paper, the base emphasized that Read more…
In what appears to be an ongoing interview, the 25th Infantry Division Chaplain, Lt Col Tom Wheatley (who was previously quoted here), has stated that he has seen no evidence that military leaders have participated in the actions alleged by the Military Religious Freedom Foundation’s Michael Weinstein.
The Chaplain did state he had seen it occur “from fellow soldiers,” when a “Christian…might give a fellow soldier a hard time who professes to be atheist or maybe a different faith group.” While not sanctioned by the military, such actions are explicitly permitted under Constitutional protections, insomuch as they are within the bounds of regulations regarding good order and discipline.
The Religion Clause links to articles that detail the case of David Tenenbaum, a civilian Army employee who was investigated for allegations of spying for Israel. Tenenbaum, an Orthodox Jew, had claimed that he was mistreated because of his religion in the course of the investigation. The Inspector General investigated as a result of a Congressional request.
Spanning back to 1992, the Inspector General’s report noted that while various officials stated that religion was a factor in the security investigation, it was “impossible” to know years after the fact whether it was “the personal practice of his faith or the intelligence community assessment that Israel might attempt to exploit any practitioner of that faith…”
Regardless, the IG stated that Tenenbaum received “unusual and unwelcome scrutiny because of his faith…[which] would undoubtedly fit a definition of discrimination.”
Recent events have highlighted the US military justice system. One part of that system is the US Court of Appeals for the Armed Forces. The 5-member panel is composed of civilians appointed by the President and has jurisdiction over courts martial appeals. It was designed to be “completely removed from all military influence of persuasion.” From there, cases can be appealed to the Supreme Court.
The history of the court can be found on its official website.
Recently, the court found that Army policies that exempted Chaplains, nurses/doctors, and other special service members from duty on courts martial panels were improper.
According to the 25th Infantry Division Chaplain, Lt Col Tom Wheatley, senior military leaders are concerned that speaking freely about their faith–which they are explicitly permitted to do–could still negatively impact their careers. For the Chaplain in particular, this is important because the “spiritual well-being” of their troops is one of several concerns leaders have for their subordinates.
Interestingly, the Chaplain is now working for Maj Gen Robert Caslen, now commander of the 25th Infantry Division. The former West Point Commandant was one of several leaders investigated for “improper endorsement of a non-federal entity” at the Pentagon (as previously noted 1, 2, 3, 4). As noted in a local paper, Caslen was given a “memorandum of concern” for his involvement, for which he “took full responsibility.”
Casey Weinstein, son of MRFF founder Michael Weinstein, was stationed at Wright-Patterson AFB with his wife while they were both on active duty. He remains in the area looking for a job as a reservist. Now, a local Jewish paper is carrying an article in which Michael Weinstein has said
Wright-Patterson Air Force base is a “hotbed” of “unconstitutional religious intolerance.”
The younger Weinstein reportedly complained about a “prayer in Jesus’ name” that was a “violation of Air Force regulations” (a conclusion which is actually incorrect). He also “got in [the] face” of his superior over an email about John Gibson’s The War on Christmas. [Casey Weinstein, a 2004 Air Force Academy graduate, was a fairly vocal supporter of his father's accusations against the military even while the younger Weinstein was on active duty. (He also posted an interestingly accusatory comment here.)] Read more…
CNN’s AC360 blog updates yesterday’s story with information on the government’s move to dismiss the suit. In a commentary that unapologetically sides with Specialist Hall, CNN’s Randi Kaye notes that Hall, an atheist,
…isn’t seeking money, just religious freedom…
Kaye then expresses shock that the defendant would have the gall to ask for the suit to be dismissed:
[T]he U.S. Government, the very government Hall agreed to serve and risk his life for, wants his lawsuit tossed out.
The only response included in the commentary is Hall’s admission that much of the premise of the government’s motion to dismiss is correct: he did not use any of the in-place military processes to address his griveances, because “nothing ever gets done.”
In a fairly well written argument, the government has filed a motion to dismiss the ongoing lawsuit against the Defense Department brought by Army Specialist Jeremy Hall and the Military Religious Freedom Foundation. (The response was due, and filed, on the 8th.) Salient points are below (emphasis added), though many were previously already talked about here.
The short version: he failed to use the systems in place to seek redress; the solutions he requests are already in place; and he does not allege harm by any “institutional bias” for which the only support is a list of vague references.
On the request that Secretary Gates be required to prevent Constitutional violations by his military subordinates:
Secretary Gates already exercises his authority to prevent constitutional violations through the Army’s existing Equal Opportunity Program — which Specialist Hall failed to invoke…
It is a fairly common (though sometimes socially unacceptable) practice for internet users who post on forums to add to their own post in order to make its posting date more recent. This has the effect of “bumping” it to the forefront, where people actually see it, even though there is nothing new to the topic.
CNN has apparently taken on the practice, as they have chosen to headline an essential repeat of their April 28th story on Jeremy Hall’s MRFF lawsuit.
One possible reason for the repeat may be in the source. Read more…
As noted earlier, the ACLU has complained again about the Naval Academy noon meal process that “[offers] Midshipmen an opportunity for prayer or devotional thought.” Former Navy Chaplain Klingenschmitt, of court martial fame, addresses the issue by asking
…does the First Amendment protect the freedom of religious expression…or does it protect the easily offended ears of the bystander…?
An Army National Guard Chaplain reports that while recruiting efforts have helped, a shortage still exists.
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The opinions expressed here are solely those of the authors, and do not necessarily represent the views of any government, military, or religious organization.
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