Atheists Oppose Defense Bill over Religious Liberty Protections

Update: The ACLU has likewise opposed the religious protections in the bill, which a local article called a “needed balance.”


The Congressional conference committee has sent the 2013 National Defense Authorization Act (NDAA) back to both houses of Congress for a vote.  (It is reportedly expected to pass, and to be signed by President Obama.)  The conference committee report includes expanded abortion coverage, a restriction on Guantanamo detainee transfers, and religious liberty protections for US troops.  The religious liberty protection language is not precisely what the House had passed (as opposed to the Senate, which passed none), but it is substantially similar:

SEC. 533. PROTECTION OF RIGHTS OF CONSCIENCE OF MEMBERS OF THE ARMED FORCES AND CHAPLAINS OF SUCH MEMBERS.
(a) PROTECTION OF RIGHTS OF CONSCIENCE.—
(1) ACCOMMODATION.—The Armed Forces shall accommodate the beliefs of a member of the armed forces reflecting the conscience, moral principles, or religious beliefs of the member and, in so far as practicable, may not use such beliefs as the basis of any adverse personnel action, discrimination, or denial of promotion, schooling, training, or assignment.
(2) DISCIPLINARY OR ADMINISTRATIVE ACTION.—
Nothing in paragraph (1) precludes disciplinary or administrative action for conduct that is proscribed by chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), including actions and speech that threaten good order and discipline.

The committee explained the result of their negotiations this way:  Read more

US Marine Arrested for Indecency with Dogs

Apparently, he thought the repeal of DADT meant he didn’t have to live a lie, and wouldn’t be punished just for loving someone…er, something…whatever.

Though he has not yet been put on trial, much less convicted, the Marines said

The actions of Staff Sgt. [Marc David] Harpel are contrary to the high standards of personal conduct and performance expected of Marines and will not be tolerated.

The UCMJ prohibition on bestiality was almost repealed last year.

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Soldiers, ACLU Sue for Right to Combat

The ACLU and four female servicemembers have sued the Department of Defense because the DoD officially excludes women from (some) combat roles.  (This is the second such suit to be filed this year, though “ACLU” may get a little more attention than “University of Virginia.”)  The justification is largely similar to that which supported the repeal of DADT and the recent legalization of marijuana in some states: People are doing it anyway, so it might as well be made official. 

In fact, the ACLU almost explicitly borrows the DADT mantra Read more

Unitarian Chaplains Multiply in US Military

An article at the Unitarian Universalist website notes an increase in Unitarian military chaplains and chaplain applicants after decades of under-representation.  The article reports the denomination now has 10 chaplains, with 7 more applying.  While a significant increase from the “one or two” chaplains before (including Army Chaplain Rebekah Montgomery), it still isn’t a high number.  The reason for the low interest?

It’s no secret that for many years after the Vietnam War many UUs harbored some hostility toward the war and the politicians who promoted it. In some cases veterans themselves were treated distantly in our congregations, even shunned.

One UU chaplain said they are needed to balance out “evangelicals”:  Read more

Military Chaplains Threatened by Marriage Redefinition

An article on the threat to military chaplains by social engineering efforts to redefine the institution of marriage comes from an unusual source: the UK defence forces, which, ironically enough, were held up as a standard of “its no big deal” when DADT repeal was being “debated.”

Sir Gerald Howarth, who served as a Defence Minister until September this year [warned that] military chaplains who do not support same-sex marriage could be dismissed under Government plans…

Military Professors Debate Religion in the Military, Part 1

David Fitzkee (Maj, USA, Retired) is a law professor at the US Air Force Academy.  In the fall of 2011 he had an article published in Parameters (vol. 41, no. 3), (“The US Army’s Senior Professional Journal”) entitled “Religious Speech in the Military: Freedoms and Limitations.”

The 14-page essay is an interesting read, and it opens with a strong premise:

It is crucial that military leaders understand and respect the scope of religious speech rights. Honoring the constitutional rights of subordinates is inherently the “right thing to do” in a society and military governed by the rule of law, particularly when all military leaders take an oath to support the Constitution.

Unfortunately, the very next paragraph of the introduction sets a poor tone for the paper:

Failure to understand the rights and limits concerning religious speech can adversely affect the mission…It can result in internal investigations into allegations of violations or even lawsuits against the military, both of which entail substantial time, effort, and distraction from the mission.

Maj Fitzkee aptly notes that “investigations into allegations of violations” can “distract from the mission” — but he illogically assumes Read more

Chaplains Group says Military Homosexuals Demand Privileges

Retired Chaplain (Col) Ron Crews penned a lengthy commentary at The Washington Times entitled “Homosexuals in the military demand special privileges: Toleration doesn’t cut both ways.”  The article collects many of the tidbits that have been mentioned off-hand in other media articles claiming DADT repeal has had no effect — the one liners have been quoted as asides that ‘some are claiming otherwise.’

The first anniversary of the repeal of “Don’t Ask, Don’t Tell,” Sept. 20, has come and gone. Now, there is mounting evidence that proves our warnings were not idle chatter. The threat to freedom posed by this radical sexual experiment on our military is real: It is grave and it is growing.

The article contains an extensive list of examples of negative repercussions from the acceptance of homosexuality in the US military:

Officials have allowed personnel in favor of repeal to speak to media while those who have concerns have been ordered to be silent. Two airmen were publicly harassed…[for] privately discussing their concerns about the impact of repeal.

A chaplain was encouraged…to resign [or] “get in line with the new policy…” Another chaplain was threatened with early retirement, and then reassigned to be more “closely supervised” because he had expressed concerns with the policy change…

Service members…protested a service school’s open-door policy…The protesters claimed that they had a right to participate in sexual behavior with their same-sex roommates.

While this article lacks detail in most of the examples, many have been discussed in greater specificity before.  For example, as discussed here the chaplain told to “get in line” was in a briefing in 2010 — and the comment came from then-Chairmen of the Joint Chiefs of Staff, Adm Mike Mullen.

The “problem” with the examples isn’t specificity; it is that in and of themselves they are largely not actionable.  An Admiral telling an officer to ‘get in line or get out’ is perfectly militarily acceptable — unless one is willing to consider the Admiral was failing the military’s own directive to demonstrate tolerance for the officer’s religious viewpoint.  Even then, it is, at best, an indicator of the military culture, and not necessarily an actionable violation of a specific regulation.  Being harassed for opposing homosexuality is currently in vogue, and demanding an exception to the open door policy is reprehensible (and unwise), but it is not illegal.

In other words, most of these examples demonstrate a negative impact on servicemembers as a result of the repeal of DADT.  In fact, they may be indicators of the greater cultural narrative being pushed in the military today.

The difficulty is in challenging that narrative.  While these examples may demonstrate a cultural shift toward an environment hostile to those morally opposed to homosexuality (and supportive of those who defend it), it is difficult or impossible to cite chapter and verse of military regulations against a “culture.”

In the end, those who are morally opposed to homosexuality are left with evidence of a potentially hostile culture in the military — despite reassurances to the contrary.  However, since that cultural shift does not technically violate any regulations, those who support military service by open homosexuals are able to simply say “tough.”

On the other hand, this may be evidence that specific rules protection the religious liberty of those morally opposed to homosexuality are, in fact, required.  They have been proposed in Congress before and failed to make it through conference committee.  They were proposed again this year.  Were such legislation to be passed, action taken against a servicemember because of their expression of moral or religious opposition to homosexuality would be explicitly prohibited.  In other words, there would be a chapter and verse regulation to cite, even if a “hostile” culture existed.

Political Platform Addresses Religion in the Military

While Clint Eastwood may have stolen the show at the Republican National Convention, the party did publish its Republican Platform for 2012, which is fairly blunt in its statement on religious freedom in the US military.  It specifically addresses the benefits of faith-based institutions to the military, religious freedom for chaplains and military members, and bans on Bibles and religious symbology on military facilities.

While the Democrat Platform doesn’t specifically mention religious freedom in the military, it does celebrate the repeal of DADT and the call to end DOMA, both of which affect military policies.

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