Limitations of a Military Chaplain
A paper submitted to Dr. Jim Fisher, PhD.
In partial fulfillment of the Requirements for the course CHPL 600
Liberty Baptist Theological Seminary
By
Brian Harvey
Lynchburg, Virginia
Sunday, January 27, 2013
Introduction The fathers of the United States founded this nation on a principle of religious freedom, and it has since become the leading nation in peaceful pluralistic living. The United States Army is a direct reflection of this nation with respect to the pluralistic culture. Men and women of the United States have fought and died to secure this freedom, and as a chaplain, he or she must continue to do all to defend the fundamental right to free exercise of religion. During the course of a Chaplain 's ministry, due in part to their role as an agent of the government, he or she will indeed encounter some perceived limitations as compared to the civilian pastorate. It is the intent of this study to explore the limitations imposed upon an Army Chaplain as an agent of the government.
The First Amendment Foundationally speaking, the Army is an establishment of the government and therefore draws upon the US Constitution for its foundational regulations. As such, the First Amendment of the Constitution declares that congress may not establish a State Religion and they may not enact any law to prohibit the free exercise of any religion (US Constitution). To the Chaplain, this establishes the premise for his/her ministry, in that the Chaplain must provide for and protect the free exercise of all soldiers and families regardless of the faith of the Chaplain. It is imperative that this fundamental right be protected by the Chaplain. Failure to do so will give cause for the Chaplain Corps to once again come under attack and potentially be found unconstitutional.
Chaplains must understand that taxpayers are paying them to provide for the free exercise of religion for all soldiers
Bibliography: “Army Regulation 165-1: Army Chaplain Corps Activities.” http://www.chapnet.army.mil/pdf/activities.pdf (accessed January 26, 2013). “Department of Defense Directive 1300.17.” DoD Issuances. http://www.dtic.mil/whs/directives/corres/pdf/130017p.pdf (accessed January 26, 2013). Paget, Naomi K., and Janet R. McCormack. The Work of the Chaplain. Valley Forge, PA: Judson Press, 2006. “United States Code, 2006 Edition, Title 10 - Armed Forces, Section 3547.” U.S. Government Printing Office. http://www.gpo.gov/fdsys/pkg/USCODE-2006-title10/pdf/USCODE-2006-title10-subtitleB-partII-chap343-sec3547.pdf (accessed January 26, 2013). “United States Constitution: Bill of Rights, Amendment I.” Bill of Rights Transcript. http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html (accessed January 26, 2013).