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Challenge To Military Prayers Dismissed For Failure To Exhaust Intramilitary Remedies

By Howard M. Friedman

In Chalker v. Gates, (D KS, Jan. 7, 2010), a Kansas federal district court dismissed for failure to exhaust intramilitary remedies a claim by a soldier stationed at Ft. Riley that his rights were violated when he was required to attend three Army functions at which sectarian Christian prayers were delivered. One of the events was the "welcome home" ceremony after his unit returned from Iraq. Spc. Dustin Chalker's complaint alleged that mandatory attendance at these events violated the Establishment Clause and in effect created a "religious test" for him to serve as a soldier in violation of Art. VI of the Constitution. While concluding that Chalker had standing to bring the claims, the court said that he should have either filed a request for religious accommodation or filed an administrative Equal Opportunity complaint, instead of merely complaining through his chain of command. The suit was also filed by the Military Religious Freedom Foundation. AP yesterday reported on the decision.

Full post as published by Religion Clause on January 08, 2010 (boomark / email).