The Military Chaplaincy is Unconstitutional
By: D. James Heffner
The existence of Chaplains in military uniforms, with military ranks on their shoulders, battle ribbons and medals on their chests and federal money in their pockets as compensation is at long last being exposed for what it is – a violation of the United States Constitution. While the Constitution clearly provides the basis in law for military forces to be paid for and supported with federal funds it also clearly states that “Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof”. If I have to remind you this is the 1st Amendment to the U.S. Constitution you are sorely lacking in fundamental American history. One of the intents of this amendment is to prohibit the government from providing aid to any religion, even on a non-preferential basis. Clearly the government is aiding religion by employing a paid chaplaincy, building chapels on military installations and funding the operating and administrative costs of these chaplains and chapels. To believe otherwise is to ignore the evidence.
I won’t go into the history of the military chaplain as it became established a long time ago when Americans acknowledged Christianity as the predominate religion. However, this is no longer the case despite the fact over 90% of Americans claim to be Christians. The religious makeup of America changed with the immigration of people from Buddhist, Hindu and Muslim lands and so did the military chaplaincy. Why? Because, one of the basic tenets of American values is the freedom to practice your religion where, when and how you choose. As these people joined the military the military provided them with the same level of service they’d been providing the Jews and Christians for decades. After all why not? Where’s the harm? For many years there wasn’t any because religious conflict was not a part of American society – it was a live and let live mentality that kept the peace. This is no longer the situation!
In 2005 a great controversy erupted because Christians at the U. S. Air Force Academy had become overt proponents of their faith, they were actually doing what Jesus had commanded us to do, tell the Gospel. An official investigation was launched to determine if religious discrimination was happening and find those who were to blame for this unacceptable situation. There had been 55 complaints filed since 2001 by non-Christian academy cadets; one of which was a Jew. I wonder who the other 54 were and of what faith – the newspaper article I’m using to compile this only noted that one was a Jew. (St. Paul Pioneer Press, June 23, 2005, page 3A, reported by: Faye Fiore and Mark Mazzetti in the Los Angeles Times). I’ll most likely be criticized for this comment but I’m wondering, are the reporters practicing Catholics since they have Italian sounding names?
If you want to know the details of the story itself I’m sure you can find these anywhere on the Internet’s many News Media sites. I’m concentrating on the first and last paragraphs in this news article. The first paragraph contains, “A Pentagon investigation found that the U.S. Air Force Academy had failed to accommodate people of non-Christian beliefs but had not engaged in ‘overt religious discrimination’.” The last paragraph quotes the lawyer for a former Air Force Chaplain (Captain Melinda Morton) who accused her superiors “of inappropriately promoting Christianity to students”; it does not say what faith she was a Chaplain for. She complained the Air Force was going to transfer her because of these allegations and she instead “resigned from the Air Force this week.” She was a “top chaplain at the academy (and had) complained that she was fired for speaking out about Anti-Semitism and other reports of religious discrimination by cadets and staff.” If she was a Chaplain that had been approved by a christian denomination (all Chaplains have to be ‘approved’ by their religious authority) her behavior in “accusing” anyone of inappropriately promoting Christianity, was at the very least shameful. I suspect she chose the ministry because it is a ‘noble calling’ and not because she’d ever had a saving experience with Jesus. People like this should be thrown out of the pulpits in any Christian church. But the mind-set in the mainline churches in America has been corrupted by the preaching and teaching of such so called ‘ministers of the gospel’. As a retired member of the U.S. Air Force (24yrs of active duty) all I can say is “good riddance” to her! Every one of the Chaplains I came in contact with served their Lord with honor and humility and she has disgraced them by her ‘politically correct thinking’. However, it is the quoted comments of her lawyer that I find so germane to the question of Chaplains in the military.
Her attorney, Eugene Fidell, said in response to the findings, “The correction of this kind of sectarian influence cannot be achieved by directives. What’s required here is a hands-on deeply felt commitment to constitutional values.” (underlining is mine for emphasis). Oh for crying out loud! Here’s a lawyer who has ‘no clue’ regarding constitutional values, nor for that matter the wording of the 1st Amendment – which does not include the words “a wall of separation between church and state”. These words are in a letter that President Thomas Jefferson wrote in 1802 to the Danbury Baptist Association, in which he wrote, “Believing with you that religion is a matter which lies solely between a man and his god, [the authors of the 1st Amendment] declared that their legislature should make no law respecting an establishment of religion, or prohibiting the free exercise thereof, thus building a wall of separation between church and state.” (underlining is mine for emphasis). It is important to understand that Jefferson had no hand in authoring the Constitution nor 1st Amendment. In 1785 Jefferson put forward a bill in an attempt to thwart efforts by some to give tax money for the purpose of furthering religious education. This is what he wrote, “…no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened [burdened] in his body or goods, nor shall otherwise suffer, on account of his religious opinions or belief; but that all mean shall be free to profess, and by argument maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities.” This bill was put before the legislature of Virginia and was passed into law and similar wording was passed into law in several other states. It’s a wonder those investigating the allegations at the Air Force Academy must have had no knowledge of Jefferson’s feelings regarding “all men shall be free to profess, and by argument maintain their opinions in matters of religion…..” But I assure you they all can quote the ‘separation clause’, which in no wise is in the Constitution or its 1st Amendment. Oh, and lets not even ‘go there’ regarding the 2nd Amendment, you know, the one about free speech.
In summary:
A federally funded Chaplaincy is in and of itself unconstitutional – the tax dollars of millions of people who do not believe in Christ, nor any God for that matter, are being used to pay chaplains, and maintain the operational needs of the chaplaincy. Jefferson said this should not be allowed!
No matter what the prevailing attitude may be regarding evangelism by Christians in uniform, the simple wearing of a uniform does not negate their constitutional right to be free in exercising their faith (chaplains get paid to do it) and Jesus commanded believers to tell everyone the message of the Gospel, he made no provision for those who do not want to hear it, except for the lake burning with fire. Besides, Jefferson said it’s proper for “all men shall be free to profess,…”. Not to mention the wording of the 2nd Amendment!
A workable solution:
All branches of the U. S. armed forces have ‘laypeople’ who are, in many cases, ‘licensed’ within their primary faith as Rabbi’s, Imam’s or Mullahs’, Monks and Christian ministers. So, do away with Chaplains and save taxpayer’s money. Since a military base is truly a ‘community’ of people, with diverse backgrounds and beliefs. Tear down the Chapels (most built on Christian concepts) and erect an all-purpose religious center with enclosed space outfitted appropriately for a particular religion. Let the ‘laypeople’ lead the believers in their worship of their god or gods. But, do not pay for its upkeep or building with federal dollars! Instead adopt the concept used by the military exchanges, commissaries and recreational facilities by being self-sustaining and paid for by those who benefit from the religious center building. Finally restrict all efforts to promote a faith to the confines of the religious center. While Christians have the right and the duty to promote Christianity it is a matter of respect and equality of treatment of others, which should take precedence in interpersonal relationships – a ‘bad’ witness is no witness at all and brings Christ into derision. A person in military uniform has a duty to maintain ‘good order and discipline’, or to put it another way – there’s a time and place for everything. Being part of an effective ‘team’ is essential to military victory in battle.
