Findings

Congress finds the following: (1) Religion and religious liberty have always served an essential role in society, culture, and military service, making them necessary for good democratic governance and a strong military. (2) George Washington, as a young colonel, recognized the importance of religious practice for his soldiers, repeatedly requesting chaplains for his troops and periodically performing religious duties himself when his superiors refused. (3) When the Continental Congress established the Continental Army, it recommended all officers and soldiers diligently to attend Divine Service. (4) John Adams instructed his Secretary of the Navy on the influence of a Navy chaplaincy, stating I know not whether the commanders of our ships have given much attention to this subject [chaplains], but in my humble opinion, we shall be very unskillful politicians as well as bad Christians and unwise men if we neglect this important office in our infant Navy. (5) In 1775, the Continental Congress understanding the significance of chaplaincy, similarly instructed its fledgling navy that commanders of the ships of the Thirteen Colonies are to take care that divine services be performed twice a day on board, and a sermon preached on Sunday. (6) In 1942, Franklin D. Roosevelt also acknowledged the importance of the chaplaincy by vowing to never fail to provide for the spiritual needs of our officers and men, and during World War II, President Roosevelt had Bibles printed and provided to troops in the field. (7) Understanding the importance of religion not only to the members of the United States military, but also to the United States as a whole, the Founders ratified the First Amendment to the United States Constitution in 1791. (8) Being applicable to the Armed Forces 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 right of the people to peaceably assemble, and to petition the Government from a redress of grievances. (9) The Supreme Court has stated that there is no historically sound understanding of the Establishment Clause that begins to make it necessary for government to be hostile to religion. (Kennedy v. Bremerton School District (2022)). (10) The Supreme Court has further explained that the Establishment Clause does not include anything like a modified heckler’s veto, in which religious activity can be proscribed based on perceptions or discomfort and that the Clause does not compel the government to purge from the public sphere anything an objective observer could reasonably infer endorses or partakes of the religion. (Kennedy v. Bremerton School District (2022)). (11) The Supreme Court has made clear that chaplains in the Armed Forces do not forfeit their First Amendment rights by virtue of their military service (Parker v. Levy (1974)). (12) The Religious Freedom Restoration Act of 1993 (Public Law 103–141; 42 U.S.C. 2000bb et seq.) applies to all Federal law, and the implementation of that law, whether statutory or otherwise, and whether adopted before or after [November 16, 1993] (section 6 of the Religious Freedom Restoration Act of 1993 (Public Law 103–141; 42 U.S.C. 2000bb–3)).