Compromise On Chaplains In Defense Appropriations Act

On Friday, Congress passed the FY 2007 Defense Appropriations Act before it adjourned for its election break. The bill had been held up over language on military chaplains. The House version would have assured chaplains that they could pray according to the dictates of their own conscience, except for narrow limitations compelled by military necessity. (See prior posting.) The Senate version did not contain this language. The Conference Committee eliminated completely from the bill any language about chaplains. However the Conference Committee Report included language directing the Air Force and the Navy to rescind recent policies that they had adopted, and requiring them to reinstate earlier policies:

The conferees direct that the Secretary of the Air Force rescind the policy and revised interim guidelines concerning the exercise of religion in the Air Force issued on February 9, 2006, and direct that the Secretary of the Air Force reinstate the policy that was set fort in Air Force directive 52-1 dated 1 July 1999. The conferees further direct that the Secretary of the Navy rescind Secretary of the Navy Instruction 1730.7C dated February 21, 2006, titled "Religious Ministry within the Department f the Navy" and direct that the Secretary of the Navy reinstate the policy that was set forth in the Secretary of the Navy Instruction 1730.7B dated October 12, 2000.

The regulations that Congress ordered rescinded had been explicit in calling on chaplains to offer non-sectarian prayers when officiating at military events other than religious services. The earlier versions that are to be reinstated are less explicit on this issue. (Background on Navy policy. Background on Air Force policy.)

This is merely a temporary solution, however, to the debate over the extent to which military chaplains should be permitted to offer explicitly sectarian prayers at service-wide ceremonies with interfaith audiences. Those on both sides claimed that the compromise was a temporary victory. Jay Sekulow of the American Center for Law and Justice said:

In a temporary victory, Congress rolled back those regulations that were causing the difficulty for the chaplains and reinstated earlier regulations that were more protective of the free exercise of religion. Congress also said that they will visit this issue fully in January when the new Congress returns. We anticipate major hearings on these issues.

On the other side, Mikey Weinstein, founder of the Military Religious Freedom Foundation said that keeping the House language out of the final bill was a victory.