Top Navy JAG Judge rules Chaplain "properly punished" for sermon inoptionally-attended chapel

[Friedman, Howard M.]

Navy guidelines for chaplains say that except in extraordinary circumstances, any religious element in a Navy function that is not a religious service must be non-sectarian. However a chaplain may refuse to participate in any program that is inconsistent with his or her religious beliefs. The instructions call on chaplains to function in a pluralistic environment that respects the free exercise of religion by all military members. Here is some background and links to the full policy from a March 2006 Religion Clause posting. http://religionclause.blogspot.com/2006/03/navy-policy-for-chaplains-analysis-and.html
 
And here is coverage of, and link to full, World Net Daily report quoted in the beginning of this thread.
http://religionclause.blogspot.com/2006/06/navy-chaplain-continues-to-press-for.html

*************************************
Howard M. Friedman 
Disting. Univ. Professor Emeritus
University of Toledo College of Law
Toledo, OH 43606-3390 
Phone: (419) 530-2911, FAX (419) 530-4732 
E-mail: howard.friedman at utoledo.edu 
************************************* 

________________________________

From: religionlaw-bounces at lists.ucla.edu on behalf of Gibbens, Daniel G.
Sent: Wed 6/28/2006 4:42 PM
To: Religionlaw at lists. ucla. edu
Subject: Top Navy JAG Judge rules Chaplain "properly punished" for sermon inoptionally-attended chapel



As before, see May 1 email below, the good chaplain provides zero information about the context.  For example, (1) what was said besides quoting the Bible at this optionally-attended worship (is there any record?); (2) did the judge offer any explanation for the ruling?  I don't find these basics in the link the chaplain provides.

From: religionlaw-bounces at lists.ucla.edu [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Gordon James Klingenschmitt
Sent: Wednesday, June 28, 2006 2:16 PM
To: UCLA Law Class
Subject: Top Navy JAG Judge rules Chaplain "properly punished" for sermon in optionally-attended chapel

The Top Navy JAG Judge has ruled that Commanding Officers have "proper authority" to punish their chaplains for quoting the Bible in the chapel at optionally-attended worship.

 

Today's World Net Daily article at this link, also pasted below.

http://worldnetdaily.com/news/article.asp?ARTICLE_ID=50821 <http://worldnetdaily.com/news/article.asp?ARTICLE_ID=50821> 

 

Can anybody help me understand the Admiral's reasoning?  

Even the most liberal of you scholars must admit he's violating the Constitution, right?

 

Where's the ACLU when you need them, protecting our right to freedom of speech and freedom of worship?  (Hint...they're too busy fighting against evangelicals...)

 

Call with questions...

Chaplain Klingenschmitt

719-360-5132 cell

 

____________________________________________
From: Gibbens, Daniel G.
Sent: Monday, May 01, 2006 8:35 AM
To: 'chaplaingate at yahoo.com'
Subject: RE: Chaplain Klingenschmitt punished for praying in uniform at press conference

Chaplain Klingenschmitt:  My initial reaction is to send strong encouragement for your persistence regarding free exercise in the military, and to say I'd like to help if there is any way I can.  

But of course, with free exercise, context always makes a difference.  If convenient, please supply more info about the press conference with Justice Moore, and whether you said anything else on that occasion besides this prayer. 

I send good wishes.

Daniel G. Gibbens, CDR, USNR-R

Regents Professor of Law Emeritus

University of Oklahoma

Member, Episcopal Diocese of Oklahoma Ecclesiastical Court
300 Timberdell Road
Norman, OK 73019
405-325-4768
dgibbens at ou.edu

-----Original Message-----
From: religionlaw-bounces at lists.ucla.edu [mailto:religionlaw-bounces at lists.ucla.edu <mailto:religionlaw-bounces at lists.ucla.edu> ] On Behalf Of Gordon James Klingenschmitt
Sent: Monday, May 01, 2006 5:33 AM
To: UCLA Law Class
Subject: Chaplain Klingenschmitt punished for praying in uniform at pressconference


Chaplain Klingenschmitt faces possible court-martial because he read the "prayer for the Armed Forces" from the Book of Common Prayer, in uniform, at a press conference outside the White House on 30 Mar 06 with Chief Justice Roy Moore. 

http://persuade.tv/frenzy3/Reprisal26Pyle.pdf <http://persuade.tv/frenzy3/Reprisal26Pyle.pdf>  

Can the military use uniform policy to stop him from praying, 

or would this violate RFRA? 

I promise to be nice to anybody who responds.... 

In Jesus name, 

Chaplain Klingenschmitt

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