Victory! Navy Exonerates Chaplain Modder

For Immediate Release PRESS RELEASE Contacts: Lori Ross, Office: 469.440.7592, Cell: 214.738.4783, [email protected]

VICTORY! NAVY EXONERATES CHAPLAIN MODDER, DISAPPROVES CAREER-ENDING PUNISHMENT Attorneys for embattled chaplain commend Navy for protecting his constitutional rights. ______

GOOSE CREEK, SC, September 4, 2015—Today, the law firms of Wilmer Cutler Pickering Hale and Dorr (“WilmerHale”) and Liberty Institute announce a major victory in the case of U.S. Navy Chaplain Wes Modder, a decorated chaplain and twenty-year military veteran. Nearly seven months ago, Chaplain Modder’s former commander, Captain Jon Fahs, sought to end Chaplain Modder’s career because he expressed his religious beliefs about faith and marriage during private counseling sessions with sailors. But after reviewing the evidence, the Navy officially disapproved Captain Fahs’ request that Chaplain Modder be detached for cause and brought before a Board of Inquiry, where he could have been forced out of the Navy. Click here to see a copy of the Navy’s disapproval of Captain Fahs’ request.

Chaplain Modder responded to the news, “I am relieved the Navy sided with me. I have served honorably for twenty years in diverse units in the Marine Corps and Navy. I am proud of my service but prouder of all those who serve on the front lines regardless of their faith and backgrounds. I am called by my faith to express love for all, regardless of the diversity of backgrounds from which they come and I will continue to follow my faith in all things. I am grateful to be able to continue the ministry God called me to do.”

Mike Berry, Liberty Institute Senior Counsel and Director of Military Affairs, says, “This is not only a great day for Chaplain Modder, but for every American who supports religious freedom in our military. Although Captain Fahs’ actions against Chaplain Modder violated the Constitution, federal law, and military regulations, we are grateful that Navy officials categorically rejected those actions. We commend Naval Personnel Command for carefully reviewing the facts and following the law. We believed this would be the outcome from day one.”

Liberty Institute President and CEO Kelly Shackelford said, “We always knew that when the facts came to light, the Navy would exonerate Chaplain Modder. Religious liberty is our first freedom and essential for our men and women in uniform. We are pleased the Navy agrees and protected religious liberty here. We hope this sends a strong signal to military commanders—violating religious liberty will not be tolerated.”

Case Background: Chaplain Wes Modder is a Navy chaplain and former Marine who served as the Force chaplain for Naval Special Warfare Command. His Marine and Navy SEAL commanders have called him “a national asset” and “the best of the best.” Chaplain Modder deployed overseas multiple times during the War on Terror, including in support of DEVGRU (aka “SEAL Team Six”) and other Navy SEAL teams in high-profile operations around the globe. See history and endorsements: https://www.libertyinstitute.org/modderfacts

Captain Fahs threatened Chaplain Modder with career-ending punishment because, when asked, he expressed faith-based views on faith, marriage, and human sexuality in private counseling sessions with sailors.

WilmerHale and Liberty Institute defended Chaplain Modder by asserting that any adverse action would violate the Constitution, federal law, and Department of Defense regulations by requiring Chaplain Modder to compromise the standards of his endorsing denomination, the Assemblies of God. View legal documents and read more about Modder’s case: https://www.libertyinstitute.org/modderfacts

National leaders who have expressed support for Chaplain Modder in his fight for religious freedom include presidential candidates Senator Ted Cruz, Governor Mike Huckabee, and Senator Rick Santorum, President of the Billy Graham Evangelical Association Franklin Graham, and numerous congressmen and conservative leaders.

About Liberty institute Liberty Institute is the largest nonprofit legal organization in the nation dedicated solely to defending religious liberty in America. Liberty Institute protects freedom of religious expression in our schools, churches, military, and throughout the public arena. For more information, visit www.LibertyInstitute.org.