Separation Clause Legal Briefs
Monday September 29, 2008
Got a little time to kill? Spend some of it reading about whether or not faith-based programs for inmates are in fact Constitutional. James Davids' piece for the Ave Maria Law Review would make us wonder whether these programs have a goal of helping prisoners, or just assimilating them into mainstream religious groups.
Meanwhile, the US military is facing another religious discrimination lawsuit, this one filed by an atheist, Army Spec. Dustin Chalker, who is stationed at Fort Riley, Kansas. Chalker's suit says "the Army improperly requires military personnel to attend official functions and formations that include sectarian Christian prayer." A combat medic who has served in Iraq, Chalker claims that he was forced by superior officers "to attend three events... in which Christian prayers were delivered." Chalker's suit is similar to the one filed by Spec. Jeremy Hall, which was later thrown out by a judge because proper grievance procedures were not followed.
Finally, six Virginia State Police chaplains have resigned in protest after state police Col. Steven Flaherty said that chaplains could only deliver non-denominational prayers or invocations at government-sponsored events. Flaherty's directive came on the heels of a circuit court ruling in which three judges upheld a city council's requirement that prayers during its meetings be non-sectarian in nature. A state legislator has said that Flaherty's request is actually an "attack on Christianity."
Meanwhile, the US military is facing another religious discrimination lawsuit, this one filed by an atheist, Army Spec. Dustin Chalker, who is stationed at Fort Riley, Kansas. Chalker's suit says "the Army improperly requires military personnel to attend official functions and formations that include sectarian Christian prayer." A combat medic who has served in Iraq, Chalker claims that he was forced by superior officers "to attend three events... in which Christian prayers were delivered." Chalker's suit is similar to the one filed by Spec. Jeremy Hall, which was later thrown out by a judge because proper grievance procedures were not followed.
Finally, six Virginia State Police chaplains have resigned in protest after state police Col. Steven Flaherty said that chaplains could only deliver non-denominational prayers or invocations at government-sponsored events. Flaherty's directive came on the heels of a circuit court ruling in which three judges upheld a city council's requirement that prayers during its meetings be non-sectarian in nature. A state legislator has said that Flaherty's request is actually an "attack on Christianity."
Comments
Here we go….AGAIN!!!
I have nothing against Christians, but i do find it funny that every single time anyone dares to speak in the least out against Christianity encroaching on their space, some Christians are so fast to throw the “attack on Christianity” card out.
What about “attack on religious freedom”?
Why is it that that card is never thrown?
Sure, I support religious freedom, that includes freedom to choose NOT to have a religion.
That’s what millions of men and women have died to protect.
NO ONE has the right to force anyone to attend a religious rite or prayer. Period.
-_-’ I have a love/hate relationship with things like this. While I find it a good thing that more people are going “hey, wait a minute, you can’t make me do this!” I hate it when people go “OMG WE’RE UNDER ATTACK!” (Regardless what side they’re on)
Even my parents must agree that shouldn’t happen, and trust me they dont agree with my spiritual beliefs a bit.
Why is all religion said to be protected but only one is really tolerated?
Good question, Frances. My question is: Why do we need prayers or an invocation at ANY public event/gathering such as a city council meeting, graduation, sporting event or the opening of Congress? I see nothing out of line if an event is “church sponsored” and the public is invited….one would likely expect a sectarioan prayer there. But I see absolutely no reason to begin any event that is not sponsored by a religious group with any kind of prayer, sectarian or non-sectarion, or to include a prayer in any part of the gathering. I think folks who do this are way out of line, and in many cases it is a turn-off and very separating for some members attending, if not down right offensive.
Great point Sandy. Perhaps it’s time we started asking that very question.
“Spend some of it reading about whether or not faith-based programs for inmates are in
fact Constitutional”
As long as the programs are completely optional and several faith-based options are available, they are ‘constitional’. If they were made manditory or were only christian based, then that’s wrong.
According to the American Religious Identification survey performed in 2001; there are about 425,000 “self-identified” Pagans (Wicca, Druids, and Pagans) in the United States alone. This doesn’t include those who haven’t self-identified due to fear or for other reasons. The only Pagan category in their last survey in 1990 was Wicca, and there were only 8,000 identified. That means that in 10 years the Wiccan population has increased 1675% since 1990. At a 1500% continued rate of growth; in 2010 there could be as many as 6,375,000 Pagans in the United States alone. It is true that statistically, with a sample of only two points that it’s impossible to tell a true growth curve. Still, if the growth rate in the next decade were only a third of what it was in the last decade, then it would make as many Pagans in the US as Jews. Many sources say that Wicca (a denomination of Paganism) will be the “3rd largest religion in the United States of America by 2012.” “Wicca is the fastest growing religion (in terms of percentage)”.
With that being said, I’ve recently started doing a little research about chaplains in the military and I was wondering; why doesn’t Department of Defense (DoD) allow Pagan or even Buddhist chaplains into active duty. It is my understanding that there are currently 5 or 6 Buddhist chaplains, but they’re sitting in the Reserves waiting to be activated (that’s how it works); and to my knowledge, there aren’t any Pagan or Wiccan chaplains waiting to be activate nor are there any slots to be filled by Pagan chaplains.
To be a chaplain; you must have a Baccalaureate degree (in anything as long as it’s from an accredited institution), then either a Masters degree in the field of theology and/or related studies from a qualifying graduate degree program with no less than 72 semester hours from an accredited institution, and two years of religious leadership experience.
So with all that being said, if I had a 4-year degree (which I do), a “Masters of Divinity” or a “Masters in Religious Studies” from an accredited institution like “Naropa” or “Cherry Hill Seminary” (soon to be accredited), and if I could get endorsed by an organization such as “Circle Sanctuary” or the “Sacred Well Congregation” as having the two years of religious leadership experience; then what’s stopping me (or any Pagan) from being allowed to join the active duty ranks as a chaplain? The bigger question here is; why aren’t there any slots for Pagans?
DODD 1304.19 states: “DoD policy that the Chaplaincies of the Military Departments:”
“4.1. Are established to advise and assist commanders in the discharge of their responsibilities to provide for the free exercise of religion in the context of military service as guaranteed by the Constitution, to assist commanders in managing Religious Affairs (DoD Directive 5100.73 (reference (e)), and to serve as the principal advisors to commanders for all issues regarding the impact of religion on military operations.”
“4.2. Shall serve a religiously diverse population. Within the military, commanders are required to provide comprehensive religious support to all authorized individuals within their areas of responsibility. Religious Organizations that choose to participate in the Chaplaincies recognize this command imperative and express willingness for their Religious Ministry Professionals (RMPs) to perform their professional duties as chaplains in cooperation with RMPs from other religious traditions.”
My point here is that specific denominations are never mentioned. From what I’ve read (and I’m sure I haven’t read everything yet), sometimes I wonder if there should even be Christian, Muslim, Jewish, etc… chapels on military installations. Wouldn’t a non-denominational chapel be more appropriate and constitutional? Anything else looks like specific religions are sanctioned by the military where others are not.
AFPD 52-1, “Chaplain Service” states:
“1. Mission. The Air Force Chaplain Service provides spiritual care and the opportunity for Air Force members, their families, and other authorized personnel to exercise their Constitutional right to the free exercise of religion.”
“1.1. Core Competencies. The essential capabilities of the Chaplain Service for mission accomplishment are spiritual care and advice to Air Force leadership.”
“1.2. Core Processes. The Chaplain Service (1) conducts religious observances, (2) provides pastoral care, and (3) offers advice to leaders on spiritual, ethical, moral, morale, and religious accommodation issues.”
“2. Strategy. The Chaplain Service uses the Global Ministry process to accomplish its mission. Global Ministry is a flexible and responsive process employed at home-based and deployed settings. Chaplain Service teams assess local spiritual and religious needs and identify resources to develop a location-specific plan of spiritual care. Global Ministry requires awareness of, and sensitivity to, the diverse religious needs of Air Force members.”
Yet the “Revised Interim Guidelines Concerning Free Exercise of Religion in the Air Force” states:
“We will respect the rights of Chaplains to adhere to the tenets of their faiths and they will not be required to participate in religious activities, including public prayer, inconsistent with their faiths.”
If chaplains aren’t required to do anything inconsistent with their faiths (which they shouldn’t), then chaplains either shouldn’t be “denominational” or chaplains of all faiths should be allowed into active duty service.
Brandon, those are excellent points you raise, and unfortunately I don’t know enough about Pagans in the military to address your questions. I’m hoping someone from the Milpagan network is reading, and can respond to some of the things you’ve brought up.
patti
Thanks Patti. I’m actually using what I posted above (plus some more info) to send to our head chaplain here at the Air Force Academy where I work. I’m hoping that he can give me some answers or at least point me in the right direction. With a little more research; I wouldn’t mind sending the above info to the DoD Chief of Chaplains, but I want to ensure that all my ducks are in a row first.
Brandon-
I’m a recently retired federal employee in AL. Here at Redstone Arsenal there is a non-denominational chapel. However, since we Wiccans do not need a chapel, we would never have used it. Also, everytime we had a luncheon or a ‘meeting’ for all employees, it was always opened with prayer. I did not care for this particularly as I’m a strong believer in the seperation of church and state, but I just started holding my hands out and saying my own prayer to Danu. They also had a monthly “Prayer Breakfast” which was supposedly a non-denominational event. You were excused from your place of work for that hour and most people who went would lolly-gag around and be gone for two hours and they were never charged leave time for this event. This really infuriated me as this was a religious function on federal government time! These people were being paid to be at their work stations and working! Not off praying and then just messing around! When I worked up north, we didn’t do all this praying and stuff on government time.
There is and has been a Pagan Chaplain in the military for about a year and a half now. Silverdrake Fey who was endorsed by Circle Sanctuary.
As a military brat, and NJROTC officer in high school (almost 30 years ago), and now an Army Mom, I can tell those that are not aware that the military doesn’t function like regular society. When a young man or woman signs enlistment papers, and makes it through Basic Training and through their AIT (Advanced Individual Training) they are for all intensive purposes - owned by the government for the term of their enlistment.
There was a running joke back in high school about not soldiers not being allowed to get sunburns because that was damaging “government property”. While civilians may not necessarily understand this, it is the way it is. Your superior officers (commissioned and non-commissioned) tell you what to do, how to do it, and when to do it. Period - end of story. Freedom of religion is allowed in the military, but the parameters of service in the military control every aspect of a soldiers life. They have to be ready at a moments notice to go and do whatever is necessary to protect those very freedoms.
It’s kind of like police and firefighters who may in an emergency situation work non-stop for days, because the situation warrants it.
Just because it’s Sunday, doesn’t mean that they are able to drop everything and go to church at the appointed time. They have not been robbed of their rights to worship, but are fulfilling the duties of their profession.
PS, I’m a Pagan and my soldier is also a Pagan.