Tuesday, February 06, 2007

DC Circuit Prevents Chaplain's Discharge From Navy Pending Decision On Appeal

Chaplain Gordon J. Klingenschmitt is in the midst of a dispute with the U.S. Navy over chaplains' right to offer sectarian prayer at public events, and over his right to wear his Navy uniform at a press conference challenging the Navy policy. As reported previously, Klingenschmitt's tenure as chaplain was set to expire on January 31, as the Navy refused to accept his new endorsement as a chaplain from the Full Gospel Church. Klingenschmitt went to court and the U.S. federal district court for the District of Columbia refused to enjoin his discharge. Klingenschmitt then appealed to the U.S. Court of Appeals. In Klingenschmitt v. Winter, 2007 U.S. App. LEXIS 2339 (DC Cir., Jan. 31, 2007), the Court of Appeals, without ruling on the merits, enjoined the military from effectuating Klingenschmitt's separation from the Navy while the court is considering his appeal. Friday's Army Times reported on the decision. [Thanks to Alliance Alert for the lead.]