Asymmetric Threats to the United States Army Chaplaincy in the 21st Century

Abstract

Abstract : On 23 November 1979, a civil law suit was filed claiming that the Army Chaplaincy violated the establishment clause of the First Amendment. After six years of legal battle the plaintiffs dropped the case subsequent to the ruling by the Second Circuit court in favor of the Chaplaincy. Consequently, since the case did not go before the Supreme Court, the litigation produced no clear mandate regarding the constitutionality of the Chaplaincy. The Army Chaplaincy functions as an instrument of the U.S. Government to ensure the protection of the soldiers' religious free exercise rights. In performing this function, chaplains, as federally employed clergy, conduct their business within the dynamic tension that exists between the establishment clause and the free exercise clause. This paper examines a number of legal decisions that have implications for the Army Chaplaincy. These implications could impact the future existence of the Chaplaincy or the way it provides religious support to the Army.