I hate to pull out the lawyer card again, but here goes.... Chaplaincy of any type runs very close to a governmental endorsement of religion over irreligion, which runs afoul of the Lemon/Agostini line of Establishment Clause cases. However, its long history in the military probably insulates it to some degree from constitutional challenge. Even so, the client-centered approach, which tends to minimize endorsement of one religion or denomination over another, and seeks to give spiritual services to irreligious without overtly proselytizing, is more likely to withstand a challenge than a confessional approach that is openly favoring a particular denomination over others. My sense is that federal courts, if called to make a rule here, would tend to uphold client-centered chaplaincy but strike down confessional chaplaincy—assuming they follow their own analysis and precedent, which they don't necessarily do.

Mike Lockaby

Mike, we need lawyers to pull the lawyer card here more often. When it comes to professional analysis of the law, that's in short supply.

Mike, John, there is a First Amendment argument for having chaplains in the military, that is the same for health care and corrections: free exercise. Military personnel under orders are not free to exercise their religious rights. They are constrained in time, in location, and in permission. So, chaplains are there to facilitate the exercise of those personnel who are religious.

This argument, perhaps, mandates against "free exercise" rights of the chaplains themselves. However, they should be clear on this, and what they give up in the name of service (both to God and to State), by the time they finish Chaplains' School.

While Viet Nam was a watershed of sorts in chaplaincy in Main Line churches (and especially in liturgical churches), the clergy shortage has been another. This has been especially true of Roman Catholic clergy. On the other hand, Evangelical clergy as a class simply aren't so scarce. In addition, many come from parts of the country where military service is still held in esteem (especially, the American South and Southeast). Therefore, there are simply more of them applying. That doesn't change their responsibility, but it does change the context and personnel of the ministry.

Marshall Scott

As a retired military lawyer, I agree with Marshall Scott's comment on the denominational makeup of the chaplaincy these days. I have been concerned that some chaplains (and even some commanders!) saw that it was part of their official duties to support their particular view of religion. It isn't, plain and simple. My usual rejoinder to someone who complains that he can't do a strongly Christian prayer at an official function is, "How would you feel about a Muslim chaplain doing a prayer to Allah?" The normal answer is a shocked objection that such a prayer would be highly inappropriate! To them, Christianity is entitled to legally privileged status.

The constitutional issue is similar but different in Canada, however the larger issue still applies.

I have the unusual privilege of being both a priest and a serving Naval Reservist - although I am not a Padre in the Reserve.

Our unit Padre, a Minister of the United Church of Canada, treads this issue quite well, and when called upon for prayer in a context where not all present are believers, he begins with something like: "For those of you are inclined to pray, please join with me in . . . For those of you not so inclined, please take this time for your own personal reflections."

"Confessional" chaplaincy in the sense you describe it would simply not be permitted in the Canadian Forces.

"Confessional" chaplaincy in the sense you describe it would simply not be permitted in the Canadian Forces.

I think of the U S Air Force Academy a few years back, in which the pressure to participate in religious activities was excessive.

June Butler

I don't know where the story line will go, but today's Doonesbury had a very sympathetic view of a military chaplain at work.

http://www.doonesbury.com/strip/dailydose/index.html?uc_full_date=20100416

Andrew Gerns

posted for EAB Tesi:

I have not seen the documentary. Does the film discuss board certification or CPE training at any time? Currently, as a hospital chaplain, I had to be board-eligible in order to be hired. I continue to work towards board certification now. That has been a multi-year process of training and continuing ed- to learn to counsel, to listen, to provide spiritual care, to be aware of my own story but to not impose that story on my 'congregation' of so many faiths, and yet in all this, to be fully and truly the Episcopal priest that I am.
Would the lawyers' concerns be answered by a standardization of chaplains? Should all those who call themselves chaplains be board certified? Should all military chaplains be required to complete 4 units of CPE before commission? (They could then complete the board certification process while serving.)
To me, it seems the biggest concern is whether chaplains allow a soldier space to receive spiritual care, not coerced conversion. Thus, your chaplains should be the most highly trained of all the disciplines. If the denominations that "took over" don't train their chaplains to these high standards, perhaps it's time to lobby to define the profession as a profession- one that requires the highest standards in training.
Elizabeth A. B. Tesi