Religious Accommodations in the Armed Services
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i [H.A.S.C. No. 113–129] RELIGIOUS ACCOMMODATIONS IN THE ARMED SERVICES HEARING BEFORE THE SUBCOMMITTEE ON MILITARY PERSONNEL OF THE COMMITTEE ON ARMED SERVICES HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS SECOND SESSION HEARING HELD NOVEMBER 19, 2014 U.S. GOVERNMENT PUBLISHING OFFICE 91–814 WASHINGTON : 2015 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 SUBCOMMITTEE ON MILITARY PERSONNEL JOE WILSON, South Carolina, Chairman WALTER B. JONES, North Carolina SUSAN A. DAVIS, California JOSEPH J. HECK, Nevada ROBERT A. BRADY, Pennsylvania AUSTIN SCOTT, Georgia MADELEINE Z. BORDALLO, Guam BRAD R. WENSTRUP, Ohio DAVID LOEBSACK, Iowa JACKIE WALORSKI, Indiana NIKI TSONGAS, Massachusetts CHRISTOPHER P. GIBSON, New York CAROL SHEA-PORTER, New Hampshire KRISTI L. NOEM, South Dakota DAVE GIACHETTI, Professional Staff Member CRAIG GREENE, Professional Staff Member COLIN BOSSE, Clerk (II) C O N T E N T S CHRONOLOGICAL LIST OF HEARINGS 2014 Page HEARING: Wednesday, November 19, 2014, Religious Accommodations in the Armed Services ................................................................................................................. 1 APPENDIX: Wednesday, November 19, 2014 ............................................................................. 27 WEDNESDAY, NOVEMBER 19, 2014 RELIGIOUS ACCOMMODATIONS IN THE ARMED SERVICES STATEMENTS PRESENTED BY MEMBERS OF CONGRESS Davis, Hon. Susan A., a Representative from California, Ranking Member, Subcommittee on Military Personnel ................................................................. 2 Wilson, Hon. Joe, a Representative from South Carolina, Chairman, Sub- committee on Military Personnel ........................................................................ 1 WITNESSES Berry, Michael, Senior Counsel, Director of Military Affairs, Liberty Institute 3 Crews, Ron, Chaplain Colonel, USA (Ret.), Executive Director, Chaplain Alli- ance for Religious Liberty .................................................................................... 4 Kahn, Rabbi Bruce, D.D., Captain, USN (Ret.) .................................................... 5 Weber, Travis, Director, Center for Religious Liberty, Family Research Coun- cil ........................................................................................................................... 6 Weinstein, Michael, President, Military Religious Freedom Foundation ........... 8 APPENDIX PREPARED STATEMENTS: Berry, Michael .................................................................................................. 32 Crews, Ron ........................................................................................................ 55 Kahn, Rabbi Bruce ........................................................................................... 71 Weber, Travis .................................................................................................... 82 Weinstein, Michael ........................................................................................... 93 Wilson, Hon. Joe ............................................................................................... 31 DOCUMENTS SUBMITTED FOR THE RECORD: Military Leadership Diversity Commission issue paper #22, ‘‘Religious Diversity in the U.S. Military’’ .................................................................... 169 Rabbi Bruce Kahn, Supplemental Statement for the Record ....................... 164 Statements for the Record: .............................................................................. American Civil Liberties Union ................................................................... 144 American Humanist Association ................................................................. 121 Americans United for Separation of Church and State ............................. 137 Anti-Defamation League .............................................................................. 153 Associated Gospel Churches ......................................................................... 123 Collins, Hon. Doug, a Representative from Georgia .................................. 111 (III) IV Page DOCUMENTS SUBMITTED FOR THE RECORD—Continued Freedom from Religion Foundation ............................................................. 130 Forum on the Military Chaplaincy .............................................................. 115 Military Association of Atheists & Freethinkers ........................................ 117 Religious Action Center of Reform Judaism ............................................... 134 WITNESS RESPONSES TO QUESTIONS ASKED DURING THE HEARING: [There were no Questions submitted during the hearing.] QUESTIONS SUBMITTED BY MEMBERS POST HEARING: Dr. Fleming ....................................................................................................... 183 Mr. Forbes ......................................................................................................... 179 RELIGIOUS ACCOMMODATIONS IN THE ARMED SERVICES HOUSE OF REPRESENTATIVES, COMMITTEE ON ARMED SERVICES, SUBCOMMITTEE ON MILITARY PERSONNEL, Washington, DC, Wednesday, November 19, 2014. The subcommittee met, pursuant to call, at 2:01 p.m., in room 2118, Rayburn House Office Building, Hon. Joe Wilson (chairman of the subcommittee) presiding. OPENING STATEMENT OF HON. JOE WILSON, A REPRESENTA- TIVE FROM SOUTH CAROLINA, CHAIRMAN, SUBCOMMITTEE ON MILITARY PERSONNEL Mr. WILSON. Ladies and gentlemen, welcome to a meeting of the Subcommittee on Military Personnel of the House Armed Services Committee. The hearing will come to order. Today, the subcommittee will hear from several nongovernmental witnesses on their view of the Department of Defense’s and serv- ices’ enactment and enforcement of religious accommodation statu- tory and regulatory guidance and its impact on the rights of reli- gious expression of our service members. Historically, the Armed Forces have supported religious freedom and accommodated service members’ religious beliefs and practices when possible. I believe we can maintain a proper balance between religious accommodations and military readiness, unit cohesion, and good order and discipline. One of the strengths of our military is its diversity of belief and mutual respect. As such, it has been important for Congress to en- sure that the appropriate statutory and regulatory guidance is in place and that DOD [Department of Defense] and the military serv- ices are implementing such guidance in order for the services to meet important spiritual and religious needs of the troops. Recognizing that there have been challenges to accommodating religious practices and beliefs, we have engaged in various efforts to clarify the role of religion in the military, prevent religious dis- crimination, and provide appropriate religious accommodations for those service members who seek it. Our goal today is to better understand the perception from out- side of the Department of Defense on its implementation of the re- ligious accommodations policy and the effect on service members. Before I introduce our panel, let me offer our ranking member, Congresswoman Susan Davis from California, an opportunity to make her opening remarks. [The prepared statement of Mr. Wilson can be found in the Ap- pendix on page 31.] (1) 2 STATEMENT OF HON. SUSAN A. DAVIS, A REPRESENTATIVE FROM CALIFORNIA, RANKING MEMBER, SUBCOMMITTEE ON MILITARY PERSONNEL Mrs. DAVIS. Thank you. Thank you, Mr. Chairman. Let me also welcome our witnesses here today. Our hearing on religious accommodation in the armed services provides us an opportunity to hear from nongovernmental wit- nesses, some of whom have military backgrounds, on their views of the Department of Defense’s implementation and enforcement of laws and policies on religious accommodation. The balance of the accommodation of religious beliefs of service members and chaplains with the need for commanders to establish and maintain good order, discipline, and readiness has been a topic of concern for this committee over the past several years. Military chaplains face the unique challenge of providing spir- itual care for all of those who serve in the military, regardless of their particular faith or beliefs, and this often requires military chaplains to provide counsel or spiritual support to those of a dif- ferent faith from themselves. This challenge has often created the perception that the Department is prohibiting chaplains and serv- ice members from practicing the tenets of their faith. Often, in these discussions, what is lost is the recognition that a military chaplain’s responsibility is not just to his or her faith and those that follow that specific faith, but it is instead to provide nondenominational and inclusive spiritual support to all those in uniform and their families, regardless of their specific religious belief. Our Nation, as we all know, is home to individuals who practice every religion the world over, including those who have no belief or religion at all. Our diversity is what makes our country stronger, and our ability to respect different cultures and beliefs, including religious beliefs, is a bedrock of American values. And our Armed Forces is a reflection of our country, and we need to ensure that these values are upheld and protected for all service members and military clergy alike. So I want to thank