Being in school doesn't allow a lot of extra time for writing, but I wanted to share what I have been doing. So I thought I would periodically share one of my writing assignments and ya all can see what I have been studying and learning. This particular writing is on the legalities of the chaplaincy, I will not be offended if ya don't want to read it.
1. What gives chaplains authority to share their faith in
a secular and pluralistic environment? And why? Defend your answer.
The first part of the First Amendment
states “Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof....” From a legal perspective, this gives
chaplains the authority to share their faith in a secular and pluralistic
environment. The military chaplaincy is founded on the First Amendment and the
requirements to provide free exercise of religion. One of the arguments for the
need of military chaplains, not only internationally but also domestically is:
[T]he military-unlike virtually all other
professions-constitutes a distinct community, providing even in domestic bases
virtually all facets of ordinary life: from housing, schools, and healthcare to
shopping, recreation, and entertainment. The exclusion of organized religion
from that community would deprive service members and their families of the
ordinary opportunity enjoyed by civilians to have religious experience that is
integrated into their normal lives.[1]
The military personnel and their dependents are removed
from their home community and become a part of a military community. The
military community is its own community with all the accepted components of
American life. If the government did not provide for free exercise of religion
in the military community, the government would be in violation of the First
Amendment.
The chaplaincy is a legally recognized
fulfillment of the First Amendment rights of the military personnel. The
chaplains are required to follow the mandates of their religious endorsers, be
they Protestant, Catholic, Muslim, Jewish, or Buddhist to name a few. For many
religions, the mandates of their faith includes the sharing of their faith. The
difficulty lies in the chaplain not violating the other person’s First
Amendment rights while sharing their own faith, In some instances, such as
deployments, the challenge is amplified by the lack religious opportunities
normally found stateside. When chaplains are aware of their situation and are sensitive
to the needs of others, they are able to maneuver through this area of
potential conflict preserving their own and the religious freedoms of others.
The Christian chaplain has authority
to share their faith given to them by God, the First Master. Chaplains are
God’s servants who also are tasked with completing the Great Commission. “ . .
. All authority has been given to me in heaven and on earth. Go therefore and
make disciples of all nations, baptizing them in the name of the Father and the
Son and the Holy Spirit,”[2]
(Matthew 28:18b-19). Military chaplains must not lose sight of the fact that
their ultimate master is God even as they walk the tightrope of their living
out their faith in the military. While when working to fulfill their heavenly
mission, they must be aware and considerate of those around them. It is important that while ministering and
sharing in the pluralistic environment of the military, one does not use his or
her freedom in such a way that it steps on the religious freedoms of another.
2.
When, if ever, is it legal to pray in Jesus’ name in a
secular and pluralistic setting? Defend your answer.
Military chaplains
minister in a pluralistic environment and are constantly faced with the
challenge of how to pray. The legal involvements are complicated and diverse.
When looking at the first part of the First Amendment, “Congress shall make no
law respecting an establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech…” you find the grounds for many
opposing views. When a chaplain is called upon to pray, the situation can
easily involve all three of the first three clauses of the First Amendment.
Some will argue that having a chaplain pray at a government event is
establishing religion. The other argument that will be made is that the
chaplain by praying, especially in Jesus’ name, is breaking the free exercise
clause of those listening. Another argument that could be made is that the
chaplain has to be allowed to pray according to the individual chaplain’s
tenants of faith, which may include praying in Jesus’ name. Otherwise it is a
breach of the chaplain’s First Amendment right to free exercise and free speech.
During 2006, “the House approved legislation that would have given military
chaplains ‘the prerogative to pray according to the dictates of the chaplain’s
own conscience, except as must be limited by military necessity, with any such
limitation being imposed in the least restrictive manner feasible.’”[3] However, the Senate did
not approve and the proposal was dropped in 2007.
The legal
requirements, as they stand, requires all religion’s representatives to offer a
nonsectarian prayer at ceremonial gathering. The requirement says that
“ceremonial prayer are formally neutral with respect to all denominations. No
person may pray using the distinctive terms of a particular faith group, and
especially the distinctive name for the faith group’s understanding of
divinity.”[4] A ceremonial prayer would
be offered where attendance is mandatory, resulting in a diverse group of
people. Another aspect would be when the chaplain will be in uniform rather
than worship vestments. Some examples of these would be promotions, change of
commands, and formal dinners to name a few. If the chaplain is unable to conform
to these requirements, they are able to decline.
The chaplain is
able to pray in Jesus’ name when at a designated religious service. This is an
event that is organized and led by the chaplain as a recognized religious
gathering. Another place a chaplain could offer prayers in Jesus’ name would be
those occasions wherein attendance is not mandatory such as a retirement
ceremony or inviting people to gather before going out on a mission to offer a
prayer. When in a private conversation with someone and prayer has been
requested, the chaplain can pray in Jesus’ name. Throughout all of these
choices it is important for the chaplain to keep the well-being of those under
his care at the forefront of his mind, rather than striving to argue for their
own rights.
In talking to a recently
retired Air Force chaplain, he brought up an interesting point that was not
found in our readings. What exactly qualifies as praying in Jesus’ name? This
particular chaplain insisted that he always prayed in Jesus’ name no matter
what the occasion or setting. According to his research, praying in the name of
Jesus is to pray according to His nature and character. It is not just adding
the phrase “in Jesus’ name” at the end of a prayer. Thus asking God to “supply
strength to complete a mission and to provide safety for the military member”
is praying according to Jesus’ nature and character. Praying for a new
Mazzeratti and a billion dollars in the bank is not praying according to Jesus’
nature and character. With this in mind, it is not necessary to say “in Jesus’
name” to actually pray in Jesus’ name.
[1] Ira C. Lupu and Robert W. Tuttle,
“Instruments of Accommodation: The Military Chaplaincy and the Constitution,”
West Virginia Law Review 110 W. VA. L. Rev. (2007-2008): 119.
[2] Unless otherwise noted, all
biblical passages referenced are in the New
American Standard Bible. (Grand Rapids, MI: Zondervan, 2002)
[3] Lupu, Instruments of Accommodation, 151.
[4] Ibid. 154.
