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Chaplain enters plea at court-martial[UPDATE]
Associated Press ^ | Sep. 12, 2006 | SONJA BARISIC

Posted on 09/12/2006 2:43:40 PM PDT by Dubya

NORFOLK, Va. - A Navy chaplain charged with disobeying orders by wearing his uniform at a White House protest pleaded not guilty at his court-martial Tuesday.

Lt. Gordon J. Klingenschmitt contends he is being punished for praying in Jesus' name at a March 30 news conference to protest a Navy policy requiring nondenominational prayers outside of religious services.

A superior officer had ordered Klingenschmitt not to wear his uniform during media appearances without first receiving permission but said he could be in uniform if conducting a "bona fide worship service."

"Of course it was his duty to obey the order," said Lt. David M. Sherry, a Coast Guard lawyer.

Klingenschmitt contends the news conference qualified as a worship service. Last December, the Evangelical Episcopal priest went on an 18-day hunger strike in front of the White House over the right to invoke Jesus' name.

His attorney, William J. Holmes, said Klingenschmitt sought clarification on the policy and received an explanation saying the order was not intended to prevent him from saying prayers.

"He did what the order gave him permission to do," Holmes said.

Former Alabama Chief Justice Roy Moore is expected to testify Wednesday because he spoke on the chaplain's behalf at the Foundation for Moral Law news conference. Moore is the group's chairman.

"The president should become involved to protect our chaplains in their right to pray in the name of Jesus," Moore said in a statement Monday. "In so doing, he would be upholding the religious freedom of all Americans."

Moore gained a national following in 2003 when he refused to obey a federal court order to remove a Ten Commandments monument from the state courthouse rotunda, causing a state judicial court to kick him out of office. He lost the Republican primary for Alabama governor in June.

If convicted, Klingenschmitt faces a maximum punishment of forfeiture of two-thirds pay per month for one year and a reprimand.


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Foreign Affairs; Government; Miscellaneous; News/Current Events
KEYWORDS: klingenschmitt; moore
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1 posted on 09/12/2006 2:43:42 PM PDT by Dubya
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To: Dubya
It's unfortunate but unless the order was illegal he's guilty and in order to maintain order in the armed forces punishment must be administered.
2 posted on 09/12/2006 2:48:23 PM PDT by tobyhill (The War on Terrorism is not for the weak.)
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To: tobyhill

Although what you say is true, the Chaplain should not be punished for showing his faith. Uniform or not.

Exceptions are made all the time, and in this case, their should be.

If not from the Commander, then from the Commander in Chief.


3 posted on 09/12/2006 2:52:48 PM PDT by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: All
I will be praying for him. Too bad a Christian is put in prison for praying. I guess if he was a peaceful Muslim it would be OK.
4 posted on 09/12/2006 2:53:02 PM PDT by Dubya (Jesus saith unto him, I am the way, the truth, and the life: no man cometh unto the Father,but by me)
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To: Bigh4u2

their = there..


5 posted on 09/12/2006 2:53:04 PM PDT by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: Bigh4u2
I didn't say what the punishment had to be and it could be just the fact that he had to go through the court martial proceeding with a guilty find no further action.
6 posted on 09/12/2006 3:00:08 PM PDT by tobyhill (The War on Terrorism is not for the weak.)
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To: tobyhill

The part I don't understand is, why not let him wear his uniform?

Soldiers in uniform show up at all kinds of events, including weddings (in churches), schools, even family outtings.
Why the discrimination?

"just the fact that he had to go through the court martial proceeding with a guilty find no further action."

Why tarnish his record with a guilty find?

There is no discriminary clause in the First Ammendment.



7 posted on 09/12/2006 3:06:37 PM PDT by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: Bigh4u2

The military is not a Democracy and sometimes there's things that are asked of a military person that doesn't make sense to others but unless it's an illegal command it must be the command's way. When I was in the Army there was things almost on a daily basis that was requested that I questioned (in my own mind) but wasn't illegal so I had to do it.


8 posted on 09/12/2006 3:14:17 PM PDT by tobyhill (The War on Terrorism is not for the weak.)
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To: Dubya
the Evangelical Episcopal priest went on an 18-day hunger strike in front of the White House over the right to invoke Jesus' name.

Is this the formal name for the American Episcopal Church or any of its offshoots? I ask because there has been a recent attempt by the religious left to insinuate itself with Evangelicalism as a tactic to claim the missing 'God' component they need to cobble together a winning base in 2008. Frankly, the last thing I would associate with the Episcopal church is an affiliation with the larger American Evangelical movement.
9 posted on 09/12/2006 3:15:15 PM PDT by WorkingClassFilth (Ever learning . . .)
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To: Bigh4u2
"There is no discriminary clause in the First Ammendment."
I'm afraid you're wrong in this case. The UCMJ trumps the constitution where soldiers are concerned. Soldiers are not permitted to appear at demonstrations or other political events in uniform. He know's what the rules are and chose to violate them. Agree with him or not, that's the price he must pay for expressing himself contrary to his orders and the code of conduct he swore to uphold.
10 posted on 09/12/2006 3:17:41 PM PDT by wheelright
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To: tobyhill

"The military is not a Democracy and sometimes there's things that are asked of a military person that doesn't make sense to others"

Yeah. That would be me.

I never served in the military,as much as I wanted to (wanted to be a pilot), but person reason kept me out, although my three brothers and father did serve.

Unfortunately, I was the 'blacksheep' of the family at the time.


11 posted on 09/12/2006 3:18:17 PM PDT by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: wheelright

See my post #11


12 posted on 09/12/2006 3:19:02 PM PDT by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: Bigh4u2

person = personal


13 posted on 09/12/2006 3:19:30 PM PDT by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: Bigh4u2; Dubya; wheelright
news conference to protest a Navy policy requiring nondenominational prayers outside of religious services

He's not being punished for "praying" or for "showing his faith". He's being punished for a appearing, in his Navy uniform, in a public protest of a very reasonable and Constitutionally valid Navy regulation. The Navy is not prohibiting him from praying however he sees fit or from participating in whatever sectarian religious services he sees fit, in or out of uniform. It is prohibiting him from trying to ram HIS religious beliefs down the throats of Navy personnel who don't share them, and from publicly protesting, IN UNIFORM and ACTING IN THE ROLE OF A NAVY CHAPLAIN, the Navy policy which protects its personnel from religious fanatics like himself.

There has been a problem in various branches of the military, with certain types of "evangelical" Christians forcing their beliefs on other personnel in settings other than voluntary worship services. The military has a right and an obligation to crack down on this.

14 posted on 09/12/2006 3:31:15 PM PDT by GovernmentShrinker
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To: Dubya; P-Marlowe; LiteKeeper; jude24; blue-duncan; BlueNgold; Congressman Billybob; ...
Klingenschmitt contends the news conference qualified as a worship service.

I'm a chaplain, and I want to support this guy, but I cannot do it in this instance. (He is right to insist on praying in Jesus' name, but that's a different issue.)

It is well known that when in uniform, we have different standards with the public than when out of uniform. This is especially true at a political event. The presence of Roy Moore and others clearly indicate this to have been a political event.

The chaplain received a clear, direct order not to participate in uniform in that media (political) event....from a general officer. There is no way that the order could be construed as unlawful.

Klingenschmitt's odd argument that it qualified as a worship service is obvious intent to circumvent an order.

I think he's going down. And sadly, he's probably taking his othewise worthy issue about praying in Jesus' name with him.

15 posted on 09/12/2006 3:36:06 PM PDT by xzins (Retired Army Chaplain and proud of it! Supporting our troops means praying for them to WIN!)
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To: GovernmentShrinker

Joan Baez' hubby David Harris (muh usbandavid) performed his hate-speech routine in a park in Augusta Ga in summer 1972. Not a single soul from Ft Gordon showed up in uniform for the very same reason. Yours truly and some other short-hairs made his little mission less pleasant than he counted on, LOL.


16 posted on 09/12/2006 3:40:43 PM PDT by Vn_survivor_67-68
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To: xzins

Great analysis, Padre.


17 posted on 09/12/2006 3:42:00 PM PDT by verity (The MSM is comprised of useless eaters)
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To: tobyhill
It's unfortunate but unless the order was illegal he's guilty and in order to maintain order in the armed forces punishment must be administered.

I think a case could be made the he was leading a religious service. But he apparently wants to be convicted or he would not be bringing in the irrelevant Roy Moore into this.
18 posted on 09/12/2006 3:42:02 PM PDT by JLS
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To: GovernmentShrinker
Absolutely correct GS.

I'm surprised FReepers can't grasp that basic concept.

19 posted on 09/12/2006 3:42:46 PM PDT by evad (sarcasm may be introduced at any moment of any post)
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To: JLS

I feel for him but he staked his claim and he has to deal with the consequences.


20 posted on 09/12/2006 3:45:38 PM PDT by tobyhill (The War on Terrorism is not for the weak.)
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