Category Archives: Chaplain

Challenge to VA Chaplains’ “Pastoral Care”

As noted here, the 7th Circuit ruled against the Freedom From Religion Foundation, which had challenged the “pastoral care” role of the VA Chaplaincy on Constitutional grounds (filed in 2006).  While the lower court ruled on the merits of the case (in favor of the VA), the circuit court vacated that decision and found that the FFRF did not have standing to sue.

In its ruling, the court also included a fairly detailed history of the military Chaplaincy.  Even the FRFF legally conceded that chaplains

obviously perform religious activities, which they can do to a limited extent to accommodate the constitutional Free Exercise rights of hospitalized patients.

The judges also noted Read more

Navy Chaplains Lack Standing to Sue

As noted at the Religion Clause, the 3rd Circuit Court ruled that a group of Navy Chaplains lacked standing to sue over the alleged preferential treatment of Catholic Chaplains in the Navy. The court did not rule on the merits of the case, and one judge dissented.

The decision is interesting in its relation to the ongoing lawsuit against the Defense Department brought by Jeremy Hall and the MRFF.  The government has alleged that Hall (and thus the MRFF) also lacks standing for similar reasons listed by the 3rd Circuit.

For example,

As the Supreme Court has often stated, mere personal offense to government action does not give rise to standing to sue. Read more

Government Cannot “Pray in Jesus’ Name”

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.

AU Protests Church Event for Military

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

“No Proselytizing by Military Leaders”

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.

Court Martial Boards to Include Chaplains

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.

Military Leaders Hesitate to Speak of Faith

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.”

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