Simone Lawson
The role of chaplains in the workplace, schools, military, prisons, hospitals and legislative bodies has been a topic of debate for many years. While some argue that chaplains violate the separation of Church and State, others believe that they are protected by the First Amendment. The First Amendment states that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances. This has been interpreted in different ways, with some arguing that chaplains are an important part of ensuring religious freedom, while others believe that their presence imposes religion on those who may hold different beliefs.
| Characteristics | Values |
|---|---|
| Chaplains in the military | Protected by the First Amendment |
| Chaplains in public schools | Unconstitutional, according to the ACLU |
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What You'll Learn
Chaplains in the US military
The US military has chaplains because they serve the basic right of human beings to worship as they choose. Chaplains are trained to avoid even the appearance of any establishment of religion. The US Army Regulation 165-1 set forth this constitutional principle plainly: "In striking a balance between the 'establishment' and 'free exercise' clauses, the Army chaplaincy, in providing religious services and ministries to the command, is an instrument of the US government to ensure that soldiers' 'free exercise' rights are protected".
The military chaplaincy was an accepted institution under the new Constitution, alongside civilian chaplains who served in the House and Senate beginning with the first Congress in 1789. James Madison, the Father of the Constitution, voted to authorise the chaplaincy in 1791, 1794, and 1797 when he was a member of Congress, and signed such an authorisation in 1814 when he was president. By 1838, Congress made provision for thirty Army chaplains, twenty-four Navy chaplains, two in Congress, and others at military schools and frontier forts.
However, there have been protests against the chaplaincy. For example, the Kehukee Primitive Baptist Association petitioned Congress for the "repeal of all laws authorising the appointment of Chaplains to Congress, the army, navy, and other public stations" in 1818. There are also those who argue that chaplains in public schools "violates the separation of Church and State".
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Chaplains in public schools
> 'Courts have repeatedly ruled that it is unconstitutional for public schools to invite religious leaders to engage in religious activities with students or to promote religious doctrine to them.'
However, others argue that chaplains in public schools are constitutional. Legal experts have explained that courts have upheld many kinds of government chaplaincies in a wide variety of circumstances, including the military, prisons, hospitals and legislative bodies. The U.S. Supreme Court has made clear that the First Amendment’s Establishment Clause does not 'compel the government to purge from the public sphere' anything an objective observer could reasonably infer endorses or 'partakes of the religious'.
The First Amendment to the Constitution of the United States provides the following protection:
> 'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.'
The military chaplaincy was an accepted institution under the new Constitution, alongside civilian chaplains who served in the House and Senate beginning with the first Congress in 1789. James Madison, the Father of the Constitution, voted to authorise the chaplaincy in 1791, 1794 and 1797 when he was a member of Congress, and signed such an authorisation in 1814 when he was president.
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Chaplains in the House and Senate
The US Constitution provides the means by which chaplaincy may be properly accomplished without compromising in either direction. The First Amendment to the Constitution states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances."
In 1971, the Supreme Court finding (Lemon vs Kurtzman) resulted in a Three Prong Test, which would interpret the constitutionality of ministries or church-related services which may be questioned in relationship to Church and State issues.
The US Army Regulation 165-1 set forth this constitutional principle plainly: "In striking a balance between the 'establishment' and 'free exercise' clauses, the Army chaplaincy, in providing religious services and ministries to the command, is an instrument of the US government to ensure that soldiers' 'free exercise' rights are protected. At the same time, chaplains are trained to avoid even the appearance of any establishment of religion."
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Chaplains in prisons
> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.
The US Supreme Court has made clear that the First Amendment's Establishment Clause does not compel the government to purge from the public sphere anything that endorses or partakes of the religious. This means that chaplains in prisons are not a violation of the separation of Church and State.
The role of a chaplain is to be a minister in the workplace. They are there to bridge the gap between the sacred and the secular. Chaplains are trained to avoid even the appearance of any establishment of religion. They are there to serve the basic right of human beings to worship as they choose.
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Chaplains in hospitals
> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.
The US Supreme Court has made clear that the First Amendment's Establishment Clause does not compel the government to purge from the public sphere anything an objective observer could reasonably infer endorses or partakes of the religious.
The presence of chaplains in hospitals does not violate the separation of Church and State. Courts have upheld many kinds of government chaplaincies in a wide variety of circumstances, including the military, prisons, hospitals and legislative bodies.
The role of a chaplain is to be a minister in the workplace, acting as a bridge between the sacred and the secular. Chaplains serve personnel of other faiths and their work is an affirmation of the basic right of human beings to worship as they choose.
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Frequently asked questions
Yes, chaplains are protected under the First Amendment to the Constitution of the United States.
The First Amendment states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances."
Chaplains in public schools are constitutional, but the ACLU argues that they "violate the separation of Church and State".
The military chaplaincy was an accepted institution under the new Constitution, and chaplains are trained to avoid even the appearance of any establishment of religion.
