Action #18 - Strengthen DOD Religious Freedom Protection

January 13, 2017

We are highlighting the top 20 ways that the Trump administration can address values issues in the first 100 days through administrative and agency actions in order to repair some of the damage that the Obama administration has inflicted on the dignity of life, natural marriage, and religious liberty.

Action #18 - Strengthen DOD Religious Freedom Protection

The Obama administration issued regulations (AFI 1-1, SECNAVINST 1730.8B, and AR 600- 20) that limited the standards articulated in Section 532 and 533 of the FY2014 National Defense Authorization Act to protect expressions of belief reflecting conscience, moral principles, or religious beliefs. The strict scrutiny standard of religious liberty protection concerning the least restrictive means as articulated in DOD Instruction 1300.17 should also be included in the Air Force directive. In addition, this directive should require the Air Force to remove Section 2.12 from AFI 1-1.

The new Congress and administration should also pressure the service chiefs to promulgate messages reaffirming the robust religious freedom and free speech rights of chaplains. These messages should include the articulation of such protections in Section 533 of the FY2013 and Section 532 of the FY2014 NDAA, and should note chaplains’ speech is not limited in the same manner that other government employee speech may be limited.