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Chaplaincy discrepancy alleged in Naval Reserve retirements
BP NEWS ^ | Jun 11, 2003 | Ken Walker

Posted on 06/12/2003 9:53:18 AM PDT by Dubya

WASHINGTON (BP)--The attorney for 56 evangelical chaplains who claim the U.S. Navy discriminates against them is asking a federal judge to order the military branch to stop retaining Catholic chaplains well past standard retirement age.

Attorney Art Schulcz filed a motion in U.S. District Court on June 5 listing 23 Naval Reserve chaplains over the age of 60 -- retirement age for most reservists -- who are being allowed to remain on duty. All 23 are Catholic, the motion stated.

"The apparent purpose of this preference is to allow the chaplains of the preferred denomination to remain illegally on duty until they reach 20 years of service and qualify for a government pension," the motion said.

The motion, which seeks an injunction to halt the practice, is part of proceedings in a series of lawsuits filed since the spring of 1999.

The evangelical chaplains claim that the Navy favors liturgical Protestants and Catholic chaplains at the expense of those who preach a born-again experience.

A spokesman for the Navy's public affairs department told Baptist Press June 10 that it would be inappropriate to comment on pending litigation. The U.S. Department of Justice, which represents the Navy, has a policy of not commenting on pending cases.

In the latest filing, Schulcz, based in Vienna, Va., said the practice of giving Catholics special treatment is unconstitutional and goes against naval regulations.

Not only does it keep these reservists on board much longer than normal, it allows people who did not qualify for promotions to accumulate the time needed for a pension, Schulcz said.

It also clogs the promotion system, said Schulcz, whose clients include three members of reserve units.

"What we're trying to establish is the Navy does not comply with the law," Schulcz said. "What you see is a pattern of preference for certain denominations, one of which is Catholics. This preference is demonstrated by this case."

Schulcz said he uncovered this information during other proceedings for two lawsuits filed earlier.

One suit involves a group of eight chaplains from the Chaplaincy of Full Gospel Churches. The other is a class action suit that includes 48 persons, including 12 Southern Baptists.

Examinations of naval files showed that 23 Naval Reserve chaplains are past the age of 60, Schulcz said. Seven of them are over 67, and four of those are in their 70s, he added.

"How active is a 70-year-old lieutenant or lieutenant commander?" Schulcz asked. "Are you going to send him to Afghanistan or Iraq? If the Navy needs a priest, there are provisions to hire contract or auxiliary clergy. People could be hired to do Mass if that's what the need is."

In addition, the motion alleges the Navy committed fraud by wrongly classifying seven chaplains as "retired but recalled" when they have not even qualified for retirement.

The document states the Navy further discriminates by allowing many Catholic chaplains to remain on active duty after they have twice failed to attain a promotion.

According to the motion, officers below the rank of commander who have been denied promotion twice are to leave the service within seven months -- unless they are within two years of retirement.

Sixteen of the 23 chaplains are either lieutenants or lieutenant commanders who should have been discharged at 60 under these rules, the motion stated.

Such action constitutes what one of the earlier lawsuits called an illegal quota system that violates the evangelical chaplains' Fifth Amendment rights "to receive a fair, equal and unprejudiced opportunity for promotion and other career related opportunities."

The motion said the granting of age waivers offers additional evidence of discrimination. Until a shortage of chaplains became apparent in the 1990s, the filing said 95 percent of age waivers went to Catholics and liturgical Protestants.

Each of the 23 Catholic reserve chaplains entered active duty with an age waiver, the motion said. These waivers require candidates to acknowledge they are aware that by being accepted into service they will not qualify for retirement or a pension, the motion said.

Yet, in the past, three of four non-liturgical (evangelicals) plaintiffs were denied such waivers despite sufficient prior active duty service to qualify for pensions, had they been allowed to become chaplains, Schulcz said.

"Government action motivated by religious preference or prejudice is invalid and void," the motion said. "That applies whether the motivation is to advance or suppress religion."

While acknowledging some may construe his latest filing as anti-Catholic, Schulcz said that isn't his motive.

"Here you have the government bending over backward for the benefit of one denomination," the attorney said. "Why the Navy does that, I cannot tell you."

No hearing date on the request for an injunction has been set. Schulcz said no other hearings have been scheduled in the lawsuits either because of a backlog of cases in the federal court system.


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Government; Miscellaneous; News/Current Events
KEYWORDS: catholic; chaplain; evangelical; military; navalreserve; protestant; reserves

1 posted on 06/12/2003 9:53:18 AM PDT by Dubya
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To: Dubya
This practice has been going on at least since the late 80s. It's ostensibly done because there's a shortage of young Catholic priests in the U.S., and their bishops won't release them to the Diocese of the Military.

Whining about discrimination based on "preferred denomination" is beneath your dignity, gentlemen. St. Paul's admonition to the litigious Corinthians comes to mind.

2 posted on 06/12/2003 10:24:03 AM PDT by eastsider
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To: eastsider
My Bible says that Christians should obay the laws.
3 posted on 06/12/2003 10:32:13 AM 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: Dubya
Enjoy your stay in Corinth.
4 posted on 06/12/2003 10:37:35 AM PDT by eastsider
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To: Dubya
Another frivolous law suit, they sound like a bunch of cry babies.
5 posted on 06/12/2003 10:42:41 AM PDT by Coleus (God is Pro Life and Straight http://www.freerepublic.com/perl/notify?detach=1)
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To: eastsider
At least the guys in the lawsuit are not chasing little children around.
6 posted on 06/12/2003 11:35:07 AM 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: Dubya
Has anyone ever inquired into the educational status of the 'evangelical' minister candidates? As far as I know, the military wants educated officers, chaplain or no chaplain. I think most 'mainline' Protestant denominations and the Roman Catholic church require at least a bachelor's degree. Some of the Baptist clergy, or aspiring clergy, I know have 'been called' and look at my funny when I ask what seminary they want to.
7 posted on 06/12/2003 11:35:23 AM PDT by rogerthedodger
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To: eastsider
Your post to me doesn't make any since.
8 posted on 06/12/2003 11:37:02 AM 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: rogerthedodger
I don't know. I just read this today. I am not for or against any of them. I do thing the rules and/or laws should be followed.
9 posted on 06/12/2003 11:39:06 AM 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: Dubya
No disagreement from me. Just wondering if anyone out there knew the whole story.
10 posted on 06/12/2003 11:43:28 AM PDT by rogerthedodger
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To: rogerthedodger
Catholic priests need a Masters from a four-year seminary.
11 posted on 06/12/2003 12:08:14 PM PDT by eastsider
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To: eastsider
St. Paul's admonition to the litigious Corinthians comes to mind.

They are suing the government, not the priests.

12 posted on 06/12/2003 12:36:59 PM PDT by aimhigh
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To: aimhigh
Good point. It's still unbecoming. JMO.
13 posted on 06/12/2003 12:51:41 PM PDT by eastsider
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To: eastsider
Could this be at the root of the problem, rather than notions of discrimination?

Quoting from an online source I found on chaplaincy requirements (in addition to ordination, sound health, etc.):

c. Educationally qualified for appointment as a chaplain.

Again, each of these points requires some elaboration and
clarification:

The first point is fairly straightforward. The candidate must be legally ordained as a clergy person by the faith group. This is also the easiest to accomplish as ordination requirements for various faith groups range from the ridiculous to the sublime. It can be a simple as sending an e-mail to the ULC or some other such organization, or the local fundamentalist evangelical church laying hands on an 11 year old child because he has "heard the call," or, in the case of some denominations, requiring completion of at least a seminary equivalent of a traditional masters degree program prior to ordination.

The second point is also relatively straightforward, but it is often misunderstood, especially by folks with no direct military experience. We do not have any "Pagan Chaplains"; nor will we ever have. Just as there are no "Catholic Chaplains" or "Protestant Chaplains," nor will there ever be. There are chaplains who are Catholic, chaplains who are Baptist, chaplains who are Jewish, etc. Willingness to provide for the free exercise of religion does not mean exclusively the free exercise of the religion that the chaplain holds as his or her own. The military chaplain is responsible for the pastoral supervision of all who are under his or her assigned area of responsibility. Pastoral supervision includes the facilitation and accommodation of distinctive faith groups (formerly called "minority faith groups" to designate all religions outside of the "mainstream). By and large, military chaplains have done a fantastic job of attending to the spiritual needs of all under their pastoral care, including Wiccans and Pagans.

The third point is the strictest. The educational requirement is critical and unwaiverable. I will quote these requirements verbatim:

BEGIN QUOTE:

(a) Possess a baccalaureate degree of not less than 120 semester hours from an accredited college or university that is listed in Accredited Institutions of Post Secondary Education or from a school whose credits are accepted by an accredited college or university listed in the Accredited Institutions of Post Secondary Education.

(b) Has completed successfully 3 resident years of graduate professional study in theology or related subjects at an accredited graduate school (normally validated by the possession of a Master of Divinity degree or an equivalent degree) that leads to ecclesiastical certification as a member of the clergy fully qualified to perform the functions of a chaplain. This study shall be completed at an accredited graduate school listed in the Accredited Institutions of Post Secondary Education or Directory, Association of Theological Schools (ATS) Bulletin or from a school whose credits are accepted by an accredited school listed in Accredited Institutions of Post Secondary Education or Directory, Association of Theological Schools (ATS) Bulletin.

END QUOTE

Again, these educational requirements are not waiverable, nor would we ask for a waiver if waivers were available. The Military Chaplains Corps has always maintained the highest of standards and the Sacred Well Congregation would not present a candidate who did not meet those standards. The "accreditation" is the critical element here. There are literally hundreds of "Accrediting Agencies" out there, with greater or lesser degrees of credibility and utility, some private, some State sponsored or recognized. However, the requirements for appointment to a Military Chaplaincy are very specific. The educational requirements must be met through an institution recognized by either the ATS or listed in the Accredited Institutions of Post Secondary Education. What the latter translates to is recognition by one of the eight regional accrediting agencies of colleges, schools and universities, or one of the specialized (usually vocational) accrediting agencies that are associated with the American Council on Education (ACE). To determine whether or not a program or institution meets this requirement, refer to the "Resources" link at:

http://www.acenet.edu/bookstore/descriptions/aipe.html

The type of degree is crucial as well. If it is not specified as either a Master of Divinity or a Master of Theology degree, then it must be closely related and considered on a case by case basis. A Master of (Arts or Science in) Religion or Religious Education, or a Master of Psychology, Social Work, Counseling or Sociology would probably make the cut. A Master of Music or an MBA probably would not.
14 posted on 06/12/2003 12:59:14 PM PDT by rogerthedodger
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To: rogerthedodger
Thanks for posting the regs. Personally, I didn't get a sense from the article that the plaintiffs did not meet the educational requirements, though it may be so. Rather, I got the sense that they were already service chaplains, and hence would presumably have met the educational prerequisites.

I did get the sense, however, that the plaintiffs glossed over an important difference between Catholic priests and Christian ministers. For example, the plaintiffs' attorney, Art Schulcz, says the following:

"If the Navy needs a priest, there are provisions to hire contract or auxiliary clergy. People could be hired to do Mass if that's what the need is."
I bring this quote up because I sensed a similar sentiment in your post:
We do not have any "Pagan Chaplains"; nor will we ever have. Just as there are no "Catholic Chaplains" or "Protestant Chaplains," nor will there ever be. There are chaplains who are Catholic, chaplains who are Baptist, chaplains who are Jewish, etc.... The military chaplain is responsible for the pastoral supervision of all who are under his or her assigned area of responsibility.
Chaplains who are not Roman Catholic priests cannot celebrate a Catholic mass (or hear confessions), leaving Catholic servicemen without the sacramental rite that is central to their religion.

The point I'm making is that chaplains are not absolutely fungible. IMO, it is the unique sacramental faculty of Catholic priests, when taken together with the shortage of young Catholic priests and their understandably jealous bishops who won't let them go, that is behind the relaxed retirement regs, not the allegation that Catholicism is a "preferred religion."

15 posted on 06/12/2003 1:35:23 PM PDT by eastsider
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To: eastsider
I agree with you. By way of background, and adding some light as to why I posted the requirements, is that this latest suit comes in a line of already pending suits relating to the same topic. Evangelical clergy feel put out at being underrepresented in the ranks. The one suit I know of for sure was filed by a group of evangelical clergy against the Navy. My point is that the reason that evangelical clergy may be underrepresented may be that many do not meet the educational standards required of all military chaplains. I'm not sure about that, but I would like to see the stats.

The suit mentioned presently seems to be an outgrowth of the same kind of complaint. As with most cases of claims of discrimination, there is another cause.

Moreover, the article describes the fact that liturgical denominatins are favored. I would think that the military would have a greater need for clergy who have greater familiarity with regular ritual, rather than free forms of religious exercise. Ritual is part and parcel of the military experience, from what I know. A good example of this is that most of the military schools I know of use (or at least used) a version of the Anglican Book of Common Prayer for most occasions.
16 posted on 06/12/2003 1:43:03 PM PDT by rogerthedodger
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To: rogerthedodger
By way of background, and adding some light as to why I posted the requirements, is that this latest suit comes in a line of already pending suits relating to the same topic.
I know. According to the article, they've been at this since the spring of '99. Four years and counting ...
17 posted on 06/12/2003 2:03:45 PM PDT by eastsider
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To: rogerthedodger
Has anyone ever inquired into the educational status of the 'evangelical' minister candidates?

All are required to have Master's Degrees. In the case of some organizations, such as LDS, that do not have seminaries, they must have at least 90 hours of post-graduate work.

BTW - the problem of extending RC chaplains is in all of the services, not just the Navy,

LiteKeeper
Chaplain, US Army, ret

18 posted on 06/12/2003 10:28:10 PM PDT by LiteKeeper (ool)
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To: LiteKeeper
Chaplain, US Army, ret
I salute you for your service, sir, and extend Army Birthday greetings.



The Four Chaplains

19 posted on 06/13/2003 11:03:44 AM PDT by eastsider
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To: eastsider
Thank you kindly

Grace and Peace to you and yours

20 posted on 06/13/2003 11:45:08 AM PDT by LiteKeeper
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