Free speech for chaplains

[Sanford Levinson]

 Marty writes:

I assume that the comments in question here were spoken in
Klingenschmitt's official capacity.  If so, he violated the
Establishment Clause, and the government can discipline him for acting
in clear violation of the Constitution (and, for that matter, in
violation of military rules about appropriate official speech and
conduct).  


But what if K. had said, "I am confident that Seaman Smith is right now
in heaven and preparing to meet his God."  Is that any less a religious
statement?  It seems to me that chaplains are expected to say
*something* that sounds religious at a memorial ceremony. That is
precisely what has always made chaplains such a troubling issue for
Establishment "absolutists."  The practical question is whether that
something can suggest that some members of the audience are damned unto
eternity because they don't share K's (or, for that matter, Seaman
Smith's) religious views.

sandy