Tag Archives: liberty institute

Navy Reverses, Rules for Embattled Chaplain Modder

For the past six months, US Navy Chaplain (LtCmdr) Wes Modder has been fighting for his career after his commander, CAPT Jon Fahs, requested he be “detached for cause” (PDF) and then defend why he should be retained in the Navy. The primary charge was he “failed to show tolerance and respect” when he made certain statements about sexuality.

Last week, the US Navy Personnel Command informed Captain Fahs that his request for Chaplain Modder to be Detached for Cause was denied, as was his request for Modder to “show cause” to remain in the Navy. Rear Admiral David F. Steindl wrote (PDF):

Your request for detachment for cause in the case of LCDR Modder…has been reviewed and is disapproved. I have found the evidence of substandard performance in this case does not meet the standard of gross negligence or complete disregard of duty… LCDR Modder will not be detached for cause.

In other words, the Admiral said CAPT Fahs was wrong.

To be “detached for cause” (DFC) in Read more

Inspector General Releases Report on Military Religious Freedom

As part of the 2014 National Defense Authorization Act (NDAA), Congress required the DoD Inspector General to report to Congress on the US military’s promulgation of religious liberty protections. This was presumably due to perceptions the military was being unresponsive to the wording in laws passed by Congress.

As a result of that requirement, the DoD IG released an initial report (3MB PDF) last week more notable for what it did not say than what it did. Despite specific congressional attention on “individual expressions of belief,” the IG report almost completely ignored that topic — though it admitted why [emphasis added]:

Virtually all…events in a service member’s career involve subjective, discretionary decisionmaking on the part of leaders and commanders. Identifying examples of discrimination based on conscience, moral principles, or religious beliefs was unrealistic because those reasons would almost never be cited as the basis for the decision…Further, denials of promotion, schooling, training, and assignment are a subset of adverse personnel actions.

To summarize:  Read more

Congressmen Urge Review of Bible Verse Court-Martial

The ACLJ filed an amicus brief (PDF), joined with 42 members of Congress, urging the US Court of Appeals for the Armed Forces to hear the appeal of discharged US Marine Lance Corporal Monifa Sterling. Sterling received a Bad Conduct Discharge for, among other things, disobeying an order to remove a Bible verse posted on her desk.

From the ACLJ:

The lower court had acknowledged that RFRA extended broad protection to religious liberty, the court adopted a very narrow definition of the statutory term “exercise of religion” and arrived at the startling conclusion that Sterling was not exercising her religion by displaying a Bible verse.

Our brief argues that the lower court’s decision sets military tribunals up as theological experts evaluating the validity of religious beliefs, and clearly violates the First Amendment principle that no court is competent to dissect religious beliefs, or to pass judgment on whether those beliefs are part of a religious belief system.

The lower court’s examination Read more

Embattled Chaplain Modder Files Complaint Against Navy Commander

US Navy Chaplain Wes Modder, currently facing a discharge board for statements about homosexuality made during private counseling sessions, has filed a complaint with the Navy with the goal of being able to continue ministering to his sailors:

Chaplain Wes Modder spends his days basically alone in the base chapel. He is no longer allowed into his office. By order of his commanding officer, he is not allowed even to speak to the sailors in his unit. If anyone from his unit comes into the chapel, he may not speak with them…

His commanding officer, Captain Jon Fahs…requested various actions against Modder, including taking him off the promotions list, separating him for cause, and initiating a board of inquiry. None of that has happened yet and, in the meantime, Modder sits alone unable to help his fellow sailors…

Modder and his lawyers at the Liberty Institute have Read more

Religious Hostility toward Christians Hurting US Military

It started with a statement by Michael Berry, a former Marine JAG and now counsel with the Liberty Institute, cited in the Washington Times regarding the prosecution of US Navy Chaplain Wes Modder:

Michael Berry…said recent high-profile cases of military chaplains facing punishment for private counseling sessions that reflected the teachings of their religion could cause devout Americans who are qualified for military service to think twice about joining the military.

That statement has now been paraphrased across the internet to say “Christians are leaving the military” or there is “an exodus of Christians from the military.” The Washington Times article itself says US military “morale [and] retention [have been] devastated.”

To be accurate, that isn’t exactly what Berry said. Further, while the current perception of the US military’s attitude toward religious freedom has certainly impacted both recruitment and retention, support for that conclusion is entirely anecdotal. As has been said here before, the plural of anecdote is not “data.”

Still, Berry’s original statement is not unreasonable. His assessment even found its way into an interview with potential Presidential Read more

Congressman Collins Backs Fired Navy Chaplain Modder

A variety of media outlets continue to cover the story of Navy Chaplain (LtCmdr) Wes Modder, who was removed from his unit after complaints that he made offensive statements in counseling.

At the Daily Signal, Kelsey Harkness notes there are actually two chaplains facing sanction right now. Besides Modder, Army Chaplain (Capt) Joe Lawhorn was also punished for telling personal stories involving his faith; his story has faded somewhat from the press, but it is still ongoing.

Rep. Doug Collins, R-Ga., the only U.S. congressman to also serve as an Air Force Reserve chaplain, believes the military has gone too far in punishing Modder and others like him.

“It’s First Amendment rights for a reason,” Collins told The Daily Signal in an exclusive interview. “Not because you agree with it.”

Rep Collins went further, repeating Read more

Congress Questions Navy’s Treatment of Chaplain Modder

Members of Congress have written a letter (PDF) to the Secretary of the Navy asking for details on why US Navy Chaplain (LtCmdr) Wes Modder is facing adverse action for his religious beliefs [emphasis added]:

Our understanding is that Chaplain Modder’s commanding officer has requested that Chaplain Modder be Detached for Cause after a Sailor at the Naval Nuclear Power Training Command complained about Chaplain Modder’s views on pre-marital sex and homosexuality…

These beliefs on sexual intimacy do not constitute a legally viable reason to bring action against Chaplain Modder or any member of the military… It is dangerous to fall prey to the fundamentally false proposition that individuals who support natural marriage can only be motivated by animus for others.

Realize that these are the members of Congress who wrote the law they are now explaining to the Navy. They’re telling the Navy Read more

Navy Issues Restraining Order against Chaplain Modder

In a rather surprising development, US Navy CAPT J.R. Fahs issued a “No Contact Order” (essentially, a restraining order) prohibiting Navy Chaplain (LtCmdr) Wes Modder from ministering to — or even communicating with — the Sailors he formerly served:

When a sailor in Modder’s previous unit unexpectedly died…Modder was about to reach out to the sailor’s grieving family when he was stopped by a member of the command.

He was slapped with a “no contact” order – the Navy’s version of a restraining order – banning him from providing counsel or ministering to any members of his unit.

The order also reportedly banned Chaplain Modder from even entering the base on the day of the memorial service.

Liberty Institute attorney Mike Berry said the Navy Read more

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