Putting Idaho on Guard: ‘No Christians as Commanders’ Policy is Unconstitutional
By Daniel Schmid
The unconstitutional removal of a Christian officer in the Idaho Army National Guard is just the latest in a long train of abuses and usurpations against religious service members, and the time has long passed for it to end.
We sued the Idaho National Guard and the Idaho governor in January to fight back against a Christian commander being unjustly removed from command for publicly expressing his Christian beliefs.
Initially, we sent a demand letter to Idaho Governor Brad Little to restore Major David Worley’s to his rightful position and clear his record. But when the governor and Idaho Army National Guard refused to do what the law required of them, we proceeded with a federal lawsuit and will keep working to ensure the First Amendment protects those who fight to defend it.
As much as the current military establishment hates to admit it, soldiers don’t shed their constitutional rights at the recruiter’s office upon enlistment. In fact, the Constitution provides the same fundamental protections for those who swore an oath to defend it as it does to those of us who sleep under the shelter of protection those soldiers provide.
Hostility toward Christians who live by their convictions has been amplified in recent years. The Biden administration sought to purge religious adherents and conservatives from the military, and the changing of the guard that occurred on January 20 could not have come soon enough. That said, the remnants of that antireligious and constitutionally defunct thinking remain and must, itself, be relegated to the dustbin of history.
We saw the effects of the antireligious bigotry of the past administration, especially with the military COVID vaccine mandates that precluded 16,643 service members from receiving a lawful religious accommodation. Instead, former Secretary of Defense Lloyd Austin sidestepped service members’ rights and, to paraphrase the directive, essentially said, “Check your religious beliefs at the door because they are not welcome in my military.”
DOD Religious Discrimination Reaches Idaho National Guard
Religious intolerance in the military is, unfortunately, nothing new, but it is becoming more overt, as evidenced by the Idaho National Guard removing a Christian infantry officer from his command and illegally pressuring him to resign for what was deemed “discrimination.”
His crime? Posting personal social media content on his political campaign account that was deemed “discriminatory” for upholding a traditional sexual ethic and condemning the predation and grooming of children, opposing men in women’s sports, protesting a “drag queen story hour,” and describing “radical gender theory” as “destructive.”
In return, he was unceremoniously and unconstitutionally removed from his command following the complaint from a senior enlisted man who identifies as LGBTQ. The infantry officer was then illegally pressured to resign without benefit of any counsel or notice, but he rescinded his notice two hours later after contacting Liberty Counsel.
In removing this infantry officer from his command for simply posting content consistent with his values and religious beliefs, the Idaho National Guard violated the First and Fourteenth Amendments to the United States Constitution, the Idaho Constitution, and the Idaho Free Exercise of Religion Protection Act.
Speech for Me, Not for Thee?
The subordinate non-commissioned officer (NCO) filed the complaint against Major Worley that led to his dismissal and falsely claimed his posts show “just how much [the officer] truly hates the LGBTQ community" and said he felt “threatened.” These claims couldn’t be further from the truth.
As Liberty Counsel pointed out to the governor, Major Worley “believes all people are made in God’s image and have inherent dignity and are worthy of respect. He is committed to serving those under his command, regardless of political or religious disagreements.” Indeed, Major Worley “cares deeply for his fellow Soldiers and citizens and would give his life in defense of his Nation and State, if necessary.”
Major Worley proved that by his sacrificial tours of duty in Iraq and 22-year career in the military, as well as by rescuing a woman who was being assaulted in his hometown. Major Worley lives out his convictions in everyday life, and he has demonstrated himself a hero time and again. The Idaho governor, and all of us, ought to return the favor.
Soldiers of all stripes are required to tolerate Christians in the workplace and cannot file charges simply “because the officer had the temerity to speak his religious and political beliefs in public outside of the military context.”
As we further wrote in our demand letter, “False charges like these interfere with good order and discipline. Here, the dichotomy between ‘speech for me, but not for thee’ could not be more evident.”
“No Christians as Commanders”
The reality is much grimmer than just vaccine mandates and the Idaho National Guard case. Soon after taking office, the Biden administration announced they were revising Department of Defense (DOD) Instruction 1325.06 (Handling Protest, Extremists, and Criminal Gang Activities Among Members of the Armed Forces), and there is no question the revised instruction was aimed at purging Christians from the military. It said so, unequivocally.
The definition of “extremist activities” included “advocating widespread unlawful discrimination based on . . . gender identity or sexual orientation.” So, if you believe in traditional marriage or think that a man should be prohibited from showering in the women’s locker room, you are a dangerous “extremist” who needs to be purged from the military.
“Extremist activities” can include any point of connection to a so-called “extremist organization.” This includes distributing literature, donating, attending a rally, communicating information, or even visiting the organization’s website while on government property.
According to the DOD instruction, commanders can also “pursue adverse administrative action” such as involuntary separation, reassignment, loss of security clearance, denial of reenlistment, and other administrative or disciplinary actions for those who participate in “extremist” activities. And, if the veiled threat of involuntary separation were not enough — or perhaps sensing that kicking Christians out of the military en masse would be unpopular — the prior administration left itself a safety valve that permitted the military command to take “extremist activities” into account when considering promotions, evaluations, relocations, security clearances, etc.
And, finally, should the commander consider you an “extremist” for thinking that a biological male cannot magically become a biological female by simple declaration, commanders have the right to order “command-directed mental health evaluations” and invite the service member “extremist” to self-criticize before the progressive politburo.
While the military might not always kick Christians to the curb for exercising constitutional rights, they will make it so that your sacrificial service to the country doesn’t sacrifice their own sanctimonious woke nonsense. This insanity is on full display in the Idaho National Guard who, in its attempts to grease the “squeaky wheel” claiming LGBTQ discrimination, is essentially enshrining a “No Christians as Commanders” policy.
It is time for the military to protect the rights of Christians who seek to live out their convictions, just as they would protect the rights of any religious or nonreligious adherent. This discrimination against a Christian officer based on a frivolous complaint must be addressed, his record cleared, and his career restored.
Anything less would desecrate the graves of those who fought and died for the freedoms enshrined in the First Amendment.
Originally published in The Stream.
For more from Daniel Schmid, Associate Vice President of Legal Affairs, click HERE.