Tag Archives: Constitution

Court: Lake Elsinore War Memorial Advances Religion

The proposed Lake Elsinore war memorial — which was to portray the iconic silhouette of a soldier kneeling at a cross-shaped headstone — was declared unconstitutional by US District Judge Stephen Wilson:

On Thursday (Feb. 27), U.S. District Judge Stephen V. Wilson of California’s Central District ruled that a granite monument depicting a soldier kneeling in prayer before a cross lacked “a secular purpose” and has “the unconstitutional effect” of endorsing religion over nonreligion.

For those that can’t seem to remember, the US Constitution says this about religion:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…

Is such a stone really Congress making a law respecting establishment? Using the Lemon Test, the Judge (PDF) said:  Read more

Navy Chaplains Quietly Fix Uniform Rules

The US Navy recently revamped its uniform program — again — in a move that was largely unnoticed but by those who have been critiquing the US military’s hunt for a long-term uniform over the past few years. As the issue was largely ignored, missed also was the substantial impact to US Navy chaplains.

It seems the Navy’s current versions of camouflage uniforms didn’t authorize a Chaplain’s insignia — meaning it was impossible for average Sailors to easily identify their chaplains:

“The fact you couldn’t identify a chaplain by his or her religion immediately on site [sic] was something the Navy Chaplain Corps requested to fix…Allowing sailors to identify their chaplains and Read more

Klingenschmitt: Chaplain’s Statement Proves Need for Protections

Former US Navy Chaplain Gordon Klingenschmitt recently responded to testimony by the Rev James Magness, the Episcopal Church’s Armed Forces Bishop, given at the House Armed Services Committee (previously discussed here):

Klingenschmitt calls it arrogant for James Magness, the Washington National Cathedral’s bishop for the armed forces, to say that chaplains who pray in Jesus’ name risk offending non-Christian troops and harming unit cohesion.

“This quote by him demonstrates exactly the reason Read more

Congress Hears Testimony on Military Religious Freedom

The House Armed Services Committee heard testimony from several DoD and civilian sources on Wednesday on the topic of religious accommodation in the US military.  Witnesses included Deputy Assistant Secretary of Defense for Military Personnel Policy, Ms. Virginia Penrod, US Army Deputy Chief of Chaplains (BGen) Charles Bailey, US Air Force Deputy Chief of Chaplains (BGen) Bobby Page, and US Navy Chief of Chaplains (RAdm) Mark Tidd.  The statements, questions, and answers in the hearing were quite interesting.  The hour-long CSPAN-worthy video can be viewed here, with highlights discussed below.

Military.com summarized the session as “Lawmakers Accuse Military of Anti-Christian Bias,” and the Religion News Service noted “Top brass say they’re not aware of bias against military chaplains.”  It would seem the public perception of the hearing was somewhat different than what the participants thought.

Retired US Army Chief of Chaplains Chaplain (MajGen) Doug Carver Read more

Update: Responses to DoD Changes on Religion Rules

Update: J.B. Wells wonders aloud if the DoD intentionally produced the policy to change the religious freedom focus to turbans and beards while keeping “liberal constituencies” like Michael Weinstein “at bay.”

There have been a wide variety of responses to the US military’s update to DODI 1300.17 (accommodating religious freedom), with language that seems to imply a more open attitude toward outward display and expression of religious belief.

The Christian Post, like many sites, focused on the apparent ability to wear religious accoutrements:

The Pentagon reportedly decided to change its policy on religious wear after Major Kamaljeet Singh Kalsi, a Sikh, spoke at a Congressional briefing about the challenges American Sikhs face in the military earlier in January. Kalsi told members of Congress that he believes he can effectively serve his country while still maintaining his religious appearance, including an uncut beard and a turban.

While that may or may not have been a factor, the DoDI clearly includes language from both the 2013 and 2014 National Defense Authorization Acts — that is, requirements levied by Congress, not just reconsideration based on serving Soldiers.

The US Navy appeared to try to quell Read more

Al Mohler: The End of Legislating Morality

The Rev (Dr.) Albert Mohler wrote an interesting article responding to comments by Jonathan Turley, the lawyer for the successful Utah “sister wives” legal challenge and law professor at George Washington University [emphasis added]:

Turley’s article is an example of a concerted, very sophisticated, libertarian argument that is fast gaining ground in American life. Just last year the state of Colorado decriminalized adultery. The president of the Independence Institute testified for the decriminalization, stating that “it is a conservative value to get rid of bills that are useless.”…

The original statute was hardly useless. It was a profound moral statement about the sanctity of marriage and the crime of violating the marriage vows, thus subverting marriage and the family and endangering children and weakening the larger community.

Mohler also revisits the argument that the state should not “legislate morality,” which he accurately rebuts by Read more

Chris Rodda, Mikey Weinstein Go Off Script on Religious Freedom

Michael “Mikey” Weinstein’s Military Religious Freedom Foundation believes the 2014 NDAA language requiring the US military to accommodate religious expression — not just religious belief — is “a good thing.”

Simultaneously, Weinstein’s MRFF also believes the language is “a blank check for bullies.”

Awkwardly, Weinstein and his “special research assistant” Chris Rodda issued opposing MRFF statements on precisely the same subject.

In mid-December, Rodda, speaking for Weinstein’s “charity,” said this in a little-noticed MRFF posting [emphasis added]:  Read more

SecDef Hagel Releases Statement on Same-Sex Benefits

Following the recent kerfuffle over the National Guard and state laws regarding homosexual benefits, Secretary of Defense Chuck Hagel released a statement seeming to declare the matter closed:

On Oct. 31, I called on the chief of the National Guard Bureau to work with several states to fully implement Department of Defense policy by providing DoD identification cards to all eligible military spouses, regardless of sexual orientation. Following consultations between Read more

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