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Religion and the Military

The relationship between religion and the military has a long and varied history.  It involves not only the obvious military regulations, but also Constitutional interpretation, Supreme Court decisions, Congressional law, Presidential decrees, and more. 

Below are some of the more important references regarding both the current state and the history of the religion/military relationship.  Suggestions for additions or critiques are welcomed.

 

Quick Links:

Dept of Defense | Air Force | Navy | Supreme Court | Legislation | US Constitution
Dec of Independence | Other Issues


Department of Defense

Department of Defense Directive (DoDD) 1300.17, Accommodation of Religious Practices Within the Military Services.
21 November 2003
Primary document guiding all military services in their interactions with religion.

Of note, from paragraph 3.1:
"A basic principle of our nation is free exercise of religion. The Department of Defense places a high value on the rights of members of the Armed Forces to observe the tenets of their respective religions. It is DoD policy that requests for accommodation of religious practices should be approved by commanders when accommodation will not have an adverse impact on military readiness, unit cohesion, standards, or discipline."

Joint Publication (JP) 1-05, Religious Ministry Support for Joint Operations.
09 June 2004
Sets doctrine and guidance for US Armed Forces regarding joint force religious support

"The First Amendment to the US Constitution specifies that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . .” This guarantee of the free exercise of religion is codified for the Armed Forces in Title 10, United States Code, sections 3073, 3547, 5142, and 8067, with the provision for the appointment of officers as chaplains in the Army, Navy, and Air Force. The free exercise of religion for military personnel is further defined in additional sources, such as Department of Defense Directive 1300.17. Military commanders are responsible to provide for the free exercise of religion."


Air Force

Air Force Instruction 36-2706, Military Equal Opportunity (MEO) Program
29 July 2004
Primary document guiding conduct and resolution of discrimination or harassment.

Of note, from paragraph 1.1.1:
"The Air Force recognizes that all written or verbal communications degrading individuals on the basis of race, color, national origin, religion, or sex remain a form of unlawful discrimination."

From 8.1.4:
"Support of religious accommodation practices does not necessarily reflect agreement or belief in such practices by a commander, chaplain, unit or the Air Force."

Air Force Policy Directive 52-1, Chaplain Service
02 October 2006 (Previous 1999 Version)

Of note, from paragraph 3.4.2:
"Consistent with DoD and Air Force policy, chaplains adhere to the requirements of their endorsing religious organizations while providing for the spiritual and religious needs of all Air Force members, their families, and other authorized personnel."

Religious Guidelines
August 2005 Version (Superseded)
09 February 2006 Version (Rescinded by Act of Congress)
SECAF Guidelines Message

Chief of Staff Sight Picture
28 June 2005

"The expression of personal preferences to subordinates, especially in a professional setting or at mandatory events, is inappropriate."

Air Force Academy Religious Climate
Complaint | Investigation Report | Lawsuit | Dismissal (News Report)

"The HQ USAF team found a religious climate that does not involve overt religious discrimination, but a failure to fully accommodate all members’ needs and a lack of awareness over where the line is drawn between permissible and impermissible expression of beliefs."
 


Navy

SECNAVINST 1730.7C, Religious Ministry within the Department of the Navy
06 February 2006 (Rescinded by Act of Congress)

From (6) (c) on page 5:
"Other than Divine/Religious services, religious elements for a command function, absent extraordinary circumstances, should be non-sectarian in nature."

SECNAVINST 1730.7B, Religious Ministry Support within the Department of the Navy
12 October 2000 (Reinstated by SECNAV in November 2006)

"Chaplains shall not be assigned collateral duties which violate the religious practices of the chaplain’s faith group..."
 


Supreme Court and Judicial Decisions

While not all of these cases directly deal with the issue of religion in the military, each has contributed to the cultural and legal concepts under which the military must deal with religion, balancing the sometimes contradictory precepts of military members' free exercise without breaching establishment issues.

Katcoff v. Marsh, 1985, Second Circuit Court of Appeals
Held that the Army Chaplaincy did not violate the Establishment Clause of the Constitution.  It left open the question about whether the Chaplaincy was necessary in areas where military members had access to private sector religious support.

Marsh v. Chambers, 5 July 1983
6-3 vote permitted practice of beginning legislative session with prayer given by a publicly funded chaplain.  Frequently cited in reference to military chaplains.

Engel v. Vitale, 25 June 1962
5-2 ruling struck down New York law requiring officials to start school day with prayer. One of the early cases in which government religious activities were restricted.

Abington v. Schempp, 17 June 1963
8-1 ruling that eliminated government-mandated Bible reading in public schools.

Notably, the decision also stated "There are certain practices, conceivably violative of the Establishment Clause, the striking down of which might seriously interfere with certain religious liberties also protected by the First Amendment. Provisions for churches and chaplains at military establishments for those in the armed services may afford one such example."  Even the dissenting opinion noted that a lack of a chaplaincy could violate a soldier's right to free exercise.

Rigdon v. Perry, 7 April 1997, District Court
Chaplains were explicitly allowed to encourage their congregants to contact Congress; such actions were not considered political lobbying, which was prohibited for uniformed officers.

United States v. Seeger, 8 March 1965
Conscientious objectors and the necessity of a sincere "religious" belief.

Goldman v. Weinberger, 25 March 1986
5-4 decision stating that the Air Force was not required to allow Jewish officers to wear a yarmulke.  Congress addressed this by altering the law allowing "neat and tidy" religious accoutrements (10 USC Sec 774).

Lynch v. Donnelly, 5 March 1984
5-4 ruling allowing Nativity display.  Listed many examples of our "Government's acknowledgment of our religious heritage," including Congress' addition of the words "under God" to the Pledge of Allegiance.

Wallace v. Jaffree, 4 June 1985
6-3 decision invalidated Alabama moment of silence statute.

Allegheny County v. ACLU, 3 July 1989
Unusually worded decision defined the "endorsement test," which says an Establishment Clause violation is determined by whether non-adherents "feel like 'outsiders' by government recognition or accommodation of religion."

Lee v. Weisman, 24 June 1992
5-4 decision against graduation prayer.  Notably, the state can also not dictate the content of a prayer.  Often cited in reference to the military attempting to "restrict" the content of a military Chaplain's prayers.
 


Applicable Legislation

Defense Authorization Act of 2007 Press Release | House Version
House version stated, "Each chaplain shall have the prerogative to pray according to the dictates of the chaplain’s own conscience..." (p183).  The statement was removed in conference committee.

"In God We Trust"
Coinage (US Treasury) | National Motto (36 USC Sec 302)
 


US Constitution

Article VI No "religious test" is allowed for any public office.

First Amendment
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."

Download copies of the Constitution from the National Archives.
Indexed version of Constitution available at Cornell University.
 


Declaration of Independence

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights..."

"We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions..."

"And for the support of this Declaration, with a firm reliance on the protection of divine Providence..."

Read and download at the National Archives.
 


 

Other Relevant Issues

Religious Freedom Day
US Law 36 USC Sec 119 | 2007 | Prior Years | RFD Guide | Opposition (AU)
"The President shall issue each year a proclamation..
."

National Day of Prayer
US Law 36 USC Sec 119 | 2008 | 2007
"The President shall issue each year a proclamation..."

Public Expression of Religion Act HR 2679 (2006) (Not enacted)
Sought to prevent organizations from gaining attorneys' fees when they sued a government organization for allegations of religious establishment.

Political Activities
As much of the religion in the military often becomes a church/state debate (which is inherently a political issue), it is worth noting the military guidelines regarding political activities as a military member.

Air Force: AFI 51-902

 

Complaints and Public Actions

Pentagon/Christian Embassy Controversy
Complaint (Weinstein) | IG Report | Commentary

Atheist Harassment Suit Against Pentagon
Press Release | Lawsuit | Commentary | Case Law

Task Force Patriot "Salute to Heroes"
Complaint (AU) | Defense (ACLJ)
 

 


 
God and Country

Read and respond to the latest in military Christian commentary, news, and events.

 
 
 

Last Updated: 08/31/2008
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