Religious Expression In The Workplace 2012 Chaplain Development Conference Southwestern Baptist Theological Seminary

Freedom of Religion – A Matter of Law “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” 1st Amendment, U.S. Constitution

Living in The Tension "The evangelicals wanted disestablishment so they could freely preach the gospel; the rationalists and deists wanted disestablishment because they felt an enlightened government should not punish people for their religious views. The combination of the two agendas would transform America, helping make it both intensely religious and religiously free.“ Thomas S. Kidd, God and Liberty: A Religious History of the American Revolution (New York: Basic Books, 2010).

DOD Accommodation of Religion Policy The U.S. Constitution proscribes Congress from enacting any law prohibiting the free exercise of religion. The Department of Defense places a high value on the rights of members of the Military Services to observe tenets of their respective religions. It is DoD policy that requests for accommodation of religious practices should be approved by commanders when accommodations will not have an adverse impact on mission accomplishment, military readiness, unit cohesion, standards, or discipline. DoD Directive 1300.17

The Army and Religious Accommodation “The Army places a high value on the rights of its Soldiers to observe tenets of their respective religious faiths. The Army will approve requests for accommodation of religious practices unless accommodation will have an adverse impact on unit readiness, individual readiness, unit cohesion, morale, discipline, safety, and/or health. As used in this regulation, these factors will be referred to individually and collectively as "military necessity" unless otherwise stated. Accommodation of a Soldier’s religious practices must be examined against military necessity and cannot be guaranteed at all times.” AR 600-20, Army Command Policy, para 5-6.

Title VII of Civil Rights Act (1964) Prohibits employers from discrimination against individuals because of religion Requires employers to “reasonably accommodate” the religious practices of an employee, unless it creates undue hardship on the employer

What is “reasonable accommodation”? One that eliminates the employee’s conflict between his religious practices and work requirements and that does not cause an undue hardship for the employer Examples: --employee requests day off for religious holiday or observance --no work on Sabbath --wearing of religious apparel --religious practices during the work day

Key Players in Religious Expression Ecclesiastical endorsing agencies Religious Professionals Organizational leadership and staff (in DoD, the Military Departments)

The Chaplain and Religious Accommodation The Chaplain is a religious professional whose educational qualifications and certification by a religious organization meet the appointment requirements of DODD 1304.19. Endorsement is the official formal statement by a competent authority of a religious organization attesting to the credentials of an individual as a qualified professional religious leader. Endorsing Agents represent various faith groups. All Endorsing Agents support the pluralistic requirements of the Army without relinquishing their respective faith demands.

Dual Functionality Military Chaplains have a dual role as religious leaders and religious support staff officers. accountable to their assigned chain of command, and the Chaplain technical staff channels up through the Chief of Chaplains. accountable to the code of ethics and ecclesiastical standards of their endorsing faith group.

Mission of the Chaplain To advise and assist organizational leadership in the discharge of their responsibilities to provide for the free exercise of religion in the context of military service as guaranteed by the Constitution To assist organizational leadership in managing the religious program and all matters affecting religion To serve as the principal advisors to organizational leadership for all issues regarding the impact of religion on the organization DoD Directive 1304.19

Military Personnel and Faith Some Guiding Principles Commanders are responsible for the religious program of their organization and for ensuring free exercise rights Soldiers of all ranks are guaranteed free exercise and religious accommodation within the bounds of military necessity Leaders cannot use their position or authority to coerce or apply undue command influence in the area of religion

Types of Religious Accommodation Apparel: “neat and conservative” (Policy based on Section 774, Title 10 U.S. Code) Grooming and appearance -- Sikhs and Muslims with beards All Other (dietary needs, religious practices, etc.)

Religious Accommodation (Historical Context) Evolution of the Policy – Viet Nam to Present -- Courts and Congress * Yarmulke: 1986 Supreme Court decision (Goldman v. Weinberger) * Peyote: 1990 Supreme Court decision (Employment Divison v. Smith)

Religious Accommodation Religious Freedom Restoration Act (RFRA) of 1993 came in direct response to the Smith (Peyote) case. Govt must jusify undue burden on religion RFRA establishes “strict scrutiny” standard for Federal entities in matters of religious accommodation instead of prior “rational standard” Future of RFRA? “A trend not just to discriminate against, but to expunge religion.” (SEN Hatch)

Corporal Desmond Doss 23 year old from Lynchburg, VA drafted in 1942 A conscientious objector- refused to kill, fight, or carry a gun; a devout Seventh Day Adventist Refused to sign discharge papers implying mentally ill because of religion (“I would be lying.”) A medic with 307th Inf Regt/77th IN DIV April 1, 1945- Operation Iceberg (“typhoon of steel”) Mission: Maeda Escarpment, 400 ft. high Accommodation: “I believe prayer is the best life saver. The men should pray before going up.”

It’s About the Soldier… “By the end of the twentieth century, no matter what form the Army chaplaincy may have taken earlier or what practices it may have engaged in, its purpose became simple and narrowly defined: to secure free exercise rights for military personnel.” Israel Drazin and Cecil B. Currey, For God and Country, The History of a Constitutional Challenge to the Army Chaplaincy (Hoboken, NJ: KTAV Publishing House), p. 205.