I. PREFACE
Chaplain (LTC) James L.
McDonald, Equal Opportunity Manager of
the 41st Infantry Brigade,
Oregon Army Reserve/National Guard,
participated in the Research Intern
Program at the Defense Equal
Opportunity Management
Institute from January 14 - February
12, 1987. During his
tenure he researched extensively the issue
of religion and the military
and wrote a prototype report upon
which this report is based.
II. INTRODUCTION
America was founded on the principle
of religious liberty, partly
as a result of immigrant
experiences of religious persecution in
Europe. There was such a
wide diversity of religious groups in
Colonial America that the
Founding Fathers resisted favoring any
particular religion. They
insured in the First Amendment to the
U.S. Constitution that
"Congress shall make no law respecting an
establishment of
religion, or prohibiting the free exercise
thereof."
However unambiguous
these words, implementing the First
Amendment has not been easy.
The conflict between individual
rights to religious
freedom and the legitimate claims of the
state continues to the present.
Even though the military
has had a longstanding tradition of
religious support, dating
back to the American Revolution, the
struggle between individual
rights of religious expression and
the legitimate concerns
of the organization is perhaps more
intense in the military than
elsewhere in society. What happens
to esprit-de-corps,
combat readiness, unit cohesiveness, and
mission accomplishment
when individual service members are
permitted free exercise of their
religion?
These questions have
been considered by the Department of
Defense, the U.S. Congress, and the
Courts, including the Supreme
Court. There are no hard and
fast answers.
This paper explores religious
pluralism in a world view; America
and religious liberty; religion
in the military, including the
tradition of support of
religion in the Armed Forces; Federal
Courts, religion, and the military;
and the Department of Defense
and religious accommodation.
III. BACKGROUND
A.
Religious Pluralism in a World View
Some of the earliest
archaeological digs reveal human artifacts
used as religious symbols or in
rituals. Some of the earliest
known art works, the
caves of Lascaux in France, include wall
paintings clearly
intended to convey religious symbols and
imagery. These
paintings were located in the remote, almost
inaccessible, parts of the caves, set
aside from common areas, to
convey their sacred function.
Religion is a near universal
experience of human life. It is
part and parcel of the culture of
mankind, and one key aspect of
what makes up a people and a culture.
Religion can be the major
factor which gives a people,
a culture, a nation, or a social
movement, its distinct
character. Pakistan, for example, was
founded independently from India so
that the rights and interests
of the Islamic
people could be protected from those of Hindus
in India. Perhaps
Israel is a clearer example of ethnic and
religious characteristics formulating
a national identity.
The importance of
attending to religious issues as a part of
current affairs of
strategic interest to the military is well
demonstrated in the role Shiite
Muslim religious tradition plays
in the civic and political life
of Iran or the leadership roles
Roman Catholic priests play in
Nicaraguan national affairs.
Historians and scholars of religion
commonly recognize five major
faith groups: Hindu,
Buddhist, Jewish, Islam, and Christian.
These groups are the largest
populated and most geographically
diverse among currently
practiced religions. Even within them,
there is enormous
diversity. The Buddhists have two major
subdivisions: Mahayana
and Hinayana. For the Jewish traditions
in America, there
are three major subgroups: Conservative,
Orthodox, and Reformed.
Within Christianity, there are three
major faith groups:
Roman Catholic, Eastern Orthodox, and
Protestant. As
for Protestantism, there are at least 87
different bodies in
America with membership of at least 50,000
people. (31:49) The
United Council of Churches in America lists
over 219 religious organizations.
(22:413)
There are hundreds, if not
thousands, of other religions which
have been a part of the history
of mankind. Some religions are
limited to specific
geographic areas or nations, e.g.,
Confucianism and Taoism in China, and
Shintoism in Japan.
Religious observers have noted that
when there is a proliferation
of new religious movements,
many of these new groups do not last
long. They quickly die
out within a generation of the founder's
death.
Statistical figures,
however, for the world's religious groups
reach only rough
approximations. Although Christianity keeps
detailed statistical records,
the method of counting membership
varies widely. Some
religious organizations count only adults
while others include infants
and children. To further confuse
matters, individuals may
practice more than one religion, as in
China (Confucianism, Taoism,
Buddhism) or in Japan, where most
are Buddhist and Shinto.
B.
America and Religious Liberty
America is a country with a
rich heritage of religious faith and
practice. From the
founding of the first colonies to the
writing of the Constitution, religion
played an important part in
American life and
thought. Religious liberty, freedom of
conscience, tolerance of
dissenting faith and practice, and the
reluctance to
endorse any one single church organization
characterized the unique
direction America was to take on
religious matters.
We may often take this for granted, as Dr.
James Mosely observed:
Legalized in the Constitution and institution-
alized in the denominational system, religious
pluralism has been called America's distinctive
contribution to the history of religion.
(26:157)
There were three major factors
influencing the outcome of the
Constitution and civil
practice which provided for religious
liberty. First, some
early immigrants came to America primarily
to escape religious persecution
in Europe. Second, there was
such a variety of church
bodies that it made little sense to
single out one denomination as
being the only one sponsored and
supported by the state.
Besides, many in Europe had experienced
some of the abuse
and conflicts arising from state-sponsored
religion. Third, "Enlightenment
Thought" held reason, education,
tolerance, and compromise
in high regard and influenced such
leaders as Thomas Paine,
Thomas Jefferson, James Madison, and
Benjamin Franklin. Dissenting
opinions and freedom of conscience
were widely respected.
Along with "Enlightenment Thought" came
the principle of religious
tolerance and moderation of religious
practice and conviction.
Some of the early leaders were Deists,
who believed in a Supreme
Being, but were not bound by church
teaching or dogma. Some
writers who influenced Jefferson, like
Thomas Paine and John Milton,
were also critical of the church
and clergy.
Several of the colonies, e.g.,
Pennsylvania, Rhode Island, and
Maryland, included in
their charters provisions for religious
tolerance and
privileges. Although some
articles of
confederation, such as
those of the Massachusetts Bay Colony,
were somewhat restrictive due
to their Puritan influence, they
too addressed religious issues of
faith and practice.
The Constitution of North
Carolina maintained that "all persons
shall be at liberty
to exercise their own mode of worship."
(2:219) William Penn widely
advertised the attractiveness of his
colony of Pennsylvania, which was
founded on religious tolerance.
His "Frame of Government,"
written in 1682, guaranteed religious
freedom to all "who confess and
acknowledge the one almighty and
eternal God...." (3:34)
In spite of these foundations,
there were serious incidents of
religious persecution in Colonial
America. There was considerable
conflict between the Quakers of
Pennsylvania and the Puritans of
other colonies. Quakers
were beaten, imprisoned, and expelled.
As immigration increased,
other European religious traditions
were introduced.
Many dissenting religious groups who had
objected to established,
state-sponsored churches, came to
America.
Virginia provided an
early role model for religious tolerance.
In the Declaration of Rights,
which was adopted by the Virginia
Legislature three weeks
before the Declaration of Independence,
the effort to accommodate religious
pluralism was apparent. It
observed that "all men are
equally entitled to the free exercise
of religion according to the dictate
of conscience." (24:319) As
early as 1779, Virginia stopped
payment for clergy of the Church
of England. Perhaps the
greatest example of religious tolerance
and one which served as a role model
for the Founding Fathers of
the Constitution, was the
Virginia Statute of Religious Liberty.
Written by Thomas
Jefferson, and enacted by the Virginia
Legislature in January 1786,
its preamble asserted that God had
"created the mind free" and that
attempts to coerce it "tend only
to beget habits of hypocrisy
and meanness, and are a departure
from the plan of the Holy
author of our religion." (24:320) It
went on to proclaim that "no
man shall be compelled to frequent
or support any religious worship,
place or ministry whatsoever,
nor shall be enforced,
restricted, molested, or burthened (sic)
in his body or goods,
nor otherwise suffer on account of his
religious opinions or beliefs."
(24:320)
In 1818, Connecticut,
and in 1833, Massachusetts, repealed
compulsory tax support of
churches. For the Founding Fathers,
separation of church and state did
not imply indifference toward
religion; rather, it
reflected a determination to protect the
diversity of religions
within the colonies. "Perhaps the
overriding factor in
deciding the general issue in the United
States, however, was the practical
consideration that the extreme
multiplicity of sects in the
country meant that in the long run
the establishment of any one of them,
or even a combination, was
not politically feasible."
(24:319) Pluralism was already an
operating factor which was to
influence political compromise. It
was a governmental
attempt to accommodate the wide variety of
religious practices already in
place in Colonial America. The
effort avoided
placing any one religious organization in a
favored position (sponsorship).
As a result, this prevented the
abuse, taxation,
discrimination, corruption, and persecution,
often associated with state religion.
This backdrop of
religious plurality and tolerance has served
America well into the 20th
Century. Should recent sociological
trends hold, and if predictions are
to be believed, there will be
an ever growing increase in religious
diversity in America. The
recent influx of Asians from
Vietnam, Cambodia, and Korea has
strengthened Buddhist, Taoist
and Confucianist practice, as well
as introduced folk
religions new to America. Due to the
migration of Cuban exiles into
Florida in the last two decades,
unfamiliar religious practices,
such as Santeria, have gained
more media attention.
From the Moonies to the Rajneeshi, from
the Church of Scientology to
Rastafarians, there have been newly
formed religions of great
diversity. According to one source,
between 1965 and 1970 over 120 new
religious groups were founded
in America alone. (25:12) In
1983, membership in "miscellaneous"
religious groups in America,
i.e., not Christian, Jewish, or
Buddhist, stood at over 188,000.
(31:50)
IV. RELIGION IN THE MILITARY
A.
The Tradition of Support of Religion in the Armed Forces
Famous military
leaders, including Napoleon and military
tactician Von Clausewitz, have
spoken of the importance of troop
morale in winning
the battle. Religion may indeed be one
critical factor that determines
the outcome of combat. Troops
that are convinced of the ultimate
justice of their cause may be
more likely to fight with commitment
and determination.
The American military has
always been supportive of religion.
General George Washington provided
for his troops to be served by
clergy during the
Revolutionary War. The Army Chaplain Corps
predates the Declaration of
Independence. As early as 1775 the
Second Article of Navy Regulations
stated that "the Commanders of
ships in the
thirteen United Colonies are to take care that
Divine services be performed."
(19:4)
Not only did the military allow the
free exercise of religion, it
actually encouraged religious
worship. Many of the leaders of
the Revolution were devout men
who were convinced that faith in
God would vindicate their cause.
The All-Volunteer Force
is another factor driving religious
accommodation. In
order to make military life attractive to
recruits, some of
their civilian habits, such as church
attendance, are allowed to
continue in the military environment.
Military service may
appear more acceptable to parents if
opportunities for
worship, religious education, and pastoral
counseling are available
to their children, should they need
them.
The religious composition of the U. S. Armed Forces, depicted in
the Joint Survey Study of Religious Matters, is truly
pluralistic. Table 1 on the following page illustrates this.
TABLE 1 ARMED FORCES RELIGIOUS DEMOGRAPHICS
FAITH GROUP/ AIR MARINE
SERVICE ARMY NAVY FORCE CORPS DoD
-------------------------------------------------------------------------
PROTESTANT
Specified
Protestant 351,721 174,540 260,294 82,657 869,212
Protestant,
No Pref. 42,893 30,301 46,742 12,569 132,505
Protestant,
Other 27,473 14,517 9,058 2,602 53,650
Christian,
No Pref. 20,491 5,630 21,507 6,109 53,737
Christian
Scientist 3,252 932 668 391 5,243
Jehovah's
Witness 395 216 263 102 976
Latter-day
Saints 8,150 4,312 9,040 2,198 23,700
Seventh-day
Adventist 2,176 1,106 1,416 406 5,104
TOTALS 456,551 231,554 348,988 107,034 1,144,127
% OF SERVICE 58.85 46.27 58.94 52.89 55.25
-------------------------------------------------------------------------
ROMAN
CATHOLIC 181,506 135,530 156,128 68,729 536,883
% of Service 23.39 27.08 26.36 31.49 25.92
-------------------------------------------------------------------------
EAS. ORTHODOX 730 386 905 187 2,208
% of Service .09 .07 .15 .09 .10
-------------------------------------------------------------------------
JEWISH 2,728 1,669 2,825 548 7,770
% of Service .35 .33 .47 .27 .37
-------------------------------------------------------------------------
OTHER
Buddhist 1,042 257 1,030 181 2,510
Hindu 87 36 136 37 296
Muslim 1,330 361 591 207 2,489
TOTALS 2,459 654 1,757 425 5,295
% of Service .31 .13 .29 .21 .25
-------------------------------------------------------------------------
UNDETERMINED
Other Religions 4,758 2,462 2,882 1,079 1,181
No Religious
Preference 84,966 76,172 70,940 19,110 251,188
Atheist-No
Pref.Recorded 163 150 1,065 120 1,498
Unknown-No
Pref.Recorded 41,815 52,154 6,862 10,112 110,993
-------------------------------------------------------------------------
TOTALS 131,702 130,638 81,749 30,421 374,880
% of Service 16.97 26.10 13.80 15.03 18.10
-------------------------------------------------------------------------
GRAND TOTAL 775,676 500,431 592,089 202,344 2,070,880
As Table 1 indicates, over 250,000 members of the Armed Forces
have no religious preference. When combined with a sizable group
of "unknowns" and atheists, they represent some 18% of the total
force.
The other observation to be made about these statistics is that
representation in "other" religious groups, i.e., not Christian
or Jewish, is very low (0.25% of the total force). Since it is
these other religious groups that are most often of concern when
accommodation is considered, the potential for conflict may be
very minor.
B. Federal Courts, Religion, and the Military
The Federal courts have consistently maintained that commanders
and military regulations have greater authority than individual
rights and conscience. In Parker v. Levy [417 U.S. 733 (1974)]
the court ruled that although "members of the military are not
exempted from the protection granted by the First Amendment, the
different character of the military community and of the military
mission requires a different application of these protections."
Even where civil rights or constitutional factors are considered,
the courts have accepted the Armed Forces' right to limit
religious practice due to reasons of military necessity, mission
requirements, command authority, discipline, obedience, etc. The
Court, in Schlesinger v. Councilman [420 U.S. 738 (1975)],
decided that in order to perform its vital role "the military
must insist upon respect for duty and discipline without
counterpart in civilian life."
Also, courts have been very reluctant to review military policy.
They point to a lack of professional expertise upon which to
judge command decisions. Furthermore, the Congress is recognized
by the courts to have responsibility to exercise oversight and
control on military matters, including remedies related to
military discipline.
Although "there is no Constitutional right to religious exemption
from military Service," (5:H1) Congress has allowed for
conscientious objection. In United States v. Seeger (1965) [380
U.S. 163 (1965)], the U.S. Supreme Court allowed for the validity
of a claim of conscientious objection by a person not a member of
a traditional pacifist group, such as Quakers or Mennonites. But
on the issue of selective conscientious objection, i.e.,
opposition to a particular war, the Supreme Court denied such a
claim, maintaining that the First Amendment did not require such.
In a very important case for civil rights and constitutional
appeal for military members, Chappell v. Wallace [103 S. Ct. 2362
(1983)], the U.S. Supreme Court held that "enlisted military
personnel may not maintain a suit to recover damages from a
superior officer for alleged constitutional violations." Due to
the unique structure of the military and its special status, the
U.S. Supreme Court "has long recognized two systems of justice,
to some extent parallel: one for civilians and one for military
personnel." Even where alleged constitutional violations are
involved, the courts will not consider efforts on the part of
military personnel to recover damages from superiors.
In the past, attendance at chapel in the Service academies was
mandatory for all cadets or midshipmen until it was challenged
and reversed in the 1972 case of Anderson v. Laird [446 F. 2d 283
(DC Cir 1971), cert. denied, 409 U.S. 1076 (1972)].
The legitimacy and authority of the Army's religious program,
which includes chaplains, chapels, and sizable financial
expenditure, were also questioned as a violation of the First
Amendment in the case of Katcoff v. Marsh [84-6184 (2d Cir.
22 January 1985)]. The Federal Court ruled this religious
program did not violate the First Amendment. It noted that there
were unique military interests and special needs to support
soldiers in the free exercise of their religion. It also
indicated that the religious program should be "neutral,"
limiting competition between religious faith groups and
denominations, and voluntary, "by leaving the practice of
religion solely to the individual soldier, who is free to worship
or not as he chooses, without fear of any discipline or stigma."
One of the most outstanding examples of religious practice and
military interest coming into conflict is the Goldman v.
Weinberger case [106 S. Ct 1310 (1986)]. This case involved an
Air Force officer, Captain S. Simcha Goldman, who was an ordained
Jewish rabbi. His challenge to Air Force regulations was based
on First Amendment principles.
Captain Goldman was working as a psychologist at an Air Force
hospital. He had achieved a Ph.D. under an Air Force scholarship
program. For several years he had worn the Jewish skullcap, the
yarmulke, while in military uniform and on duty in the hospital.
This religious practice was brought to the attention of the
command, and he was ordered to remove it while in military
uniform and on duty in the hospital. The practice of wearing the
yarmulke while in uniform was determined by his commander to be a
violation of Air Force Regulation 35-10, which states in part
that "headgear will not be worn...while indoors except by armed
security police in the performance of their duties." (7.6.h)
The commander ordered Goldman to comply with the regulation.
Goldman filed suit in Federal court, claiming his constitutional
rights under the First Amendment had been violated.
The Air Force argued that "the traditional outfitting of
personnel in standardized uniforms encourages the subordination
of personal preferences and identities in favor of the overall
mission." Goldman argued that his religion required him to wear
the yarmulke, it was widely practiced in society at large, no one
had objected to the practice, and the Constitution guaranteed
individual rights freely to pursue religious acts.
Onward, Christian Soldiers
American servicemen fight for their
country--and most also answer to a higher Power.
BY BRENDAN MINITER
Monday, April 1, 2002 12:01 a.m. EST
"We should be dead," one soldier told Maj. Mike Dugal as Operation Anaconda wound down last month. "Our equipment is riddled with bullets. I know someone is praying for me."
Very often that someone is just a few feet away. Army chaplains like Maj. Dugal--he's an evangelical minister, ordained by the Open Bible Standard Churches--are frontline troops. In Operation Anaconda military chaplains, including Maj. Dugal and the three chaplains who report to him--a Catholic priest, a Southern Baptist minister and a Mormon clergyman--were on the ridge with the troops as they took mortar fire. Some graduated from Army chaplain training only last September and have been on active duty for just two years. They're young and going into battle without even a gun. They're certainly courageous.
Maj. Dugal, who has also seen combat in the Gulf War and Panama, arrived on the battlefield after the worst of Operation Anaconda's fighting of was over. But he was able to describe the scene he found to me via a satellite phone from Kandahar. It was late at night over there as we talked on Good Friday, and he had to stand outside during a thunderstorm to keep the phone's signal.
Combat is never easy, and in Operation Anaconda the Americans had to endure a bitter night dug into a frozen hillside taking enemy fire. By morning, Maj. Dugal explained, it wasn't only the troops who were questioning whether they'd be able to meet the challenge. The chaplains were beginning to wonder about their own moral strength as well. "I encouraged the chaplains," Maj. Dugal told me.
A lot of soldiers doubt themselves in the heat of combat, but after the fighting, many men told Maj. Dugan, "God was with me." They also said they'd "never curse the training they received again."
The men who train Army chaplains in Fort Jackson, S.C., are heroes too, Maj. Dugan said. "It might be hellish," but the chaplains' presence during even the most intensive fighting sends the message that "there is something after this," he explained. That helps soldiers maintain the spiritual fitness to endure the rigors of combat. It also helps bring a glimmer of civility to uncivilized moments.
Most civilians' knowledge of military chaplains is limited to having seen William Christopher's portrayal of Father Francis Mulcahy on the popular 1970s TV show "M*A*S*H." But the chaplaincy is older than the United States itself, first commissioned by the Continental Congress in 1775. Chaplains have been standing shoulder to shoulder with the troops ever since. They're forbidden from carrying weapons, but their military assistants double as bodyguards. In all of America's wars more than 300 chaplains have died in combat.
Today just over 1,300 chaplains minister to the slightly fewer than 500,000 active-duty Army troops. The vast majority of chaplains are Christians--1,183 are Protestant, 95 Catholic and eight Orthodox. In addition, the Army has nine Jewish and seven Muslim chaplains. That roughly mirrors the troops themselves, 54% of whom list themselves as Protestant and 21% as Catholic. Jews, Muslims, Hindus and Buddhists combined amount to less than 1%, with 24% of soldiers listing either some other religion or no religious preference.
These numbers tell only part of the story. Maj. Dugal says his experience in Kandahar proves the old axiom that there are no atheists in foxholes. Religious services, held in a rose garden near the airport, are well attended. And a wellspring of support for the troops springs from their own religious backgrounds: Letters bring word that families, churches, synagogues and mosques are praying for their safety.
Inside the Pentagon, Maj. Gen. Gaylord Gunhus, a Lutheran who serves as the Army's chief chaplain, relates the importance of religion in force readiness. Loyalty, duty, respect, self-sacrifice, personal courage, integrity, he clucked off in quick succession, are all expected of a soldier, and they're all strengthened by faith. The chaplain represents a message of hope. That "creates a great factor of courage," he said.
In Easter and Passover, the military has good metaphors for what it expects of soldiers, Gen. Gunhus says. Jesus' sacrifice to redeem man's sins is a powerful message for men who now must risk their own lives to confront evil. Soldiers can also draw inspiration from the Passover ritual known as "Elijah's Cup," into which Seder participants each pour a little of their own wine. On the battlefield each soldier is asked to give of his own cup for the good of the nation.
Perhaps it is the proximity to death or the ethical, ordered way of life the job demands, but the military is quietly very religious. Nearly half of all new Army chaplains are soldiers before they become ministers. At Dwight Eisenhower's funeral, mourners sang "Onward Christian Soldiers," and this past December, construction workers erected a Christmas tree at the site where evildoers hit the Pentagon. Each night it was lit for all to see--and even the ACLU didn't dare object.
Staff Sgt. Philip J. Svitak was one of a handful of American soldiers to die in operation Anaconda. He was a member of America's elite 160th Special Operations Aviation Regiment known as "The Nightstalkers"--the boys who're trained to slip in behind enemy lines. He was also a "born again" Christian. At his funeral, the Kansas City star reported, "speakers lauded Svitak's commitment to what he cared most about: being a good Christian, a good friend and a good family man."
Then there's Capt. Jeff Struecker. You can see the ordeal that led him to become an Army chaplain on the silver screen. He's one of the soldiers portrayed in "Black Hawk Down." Combat as a staff sergeant in Somalia gave him a "bulletproof faith," he told Reader's Digest. "In the event my soldiers were getting into a plane tonight, I would stand right with them. Absolutely."
Of course, Christian soldiers don't make the battle against terrorism a crusade. And one of America's great accomplishments is that it has kept a strong moral ethic in its military while not fighting religious wars. Indeed, so ecumenical is the military that some bases even have Wiccan services. Inasmuch as this war is a battle of two visions of civilizations, it is a struggle between tolerance and civility on one side against violence and fanaticism on the other.
In New York, a short walk from Ground Zero and out front of the city's Federal Hall, is an engraving of George Washington kneeling in the woods at Valley Forge. The father of our country was praying for the Father of mankind's guidance in leading the Continental Army against the British. The ethic of the scene has never left the republic's Army, and giving it strength even today in the search for the enemy that brought down the World Trade Center.