Religious Speech in the Military: Freedoms and Limitations

Abstract

The freedom to speak and to freely exercise one’s religion are two central guarantees of the First Amendment of the US Constitution. Military members retain these foundational rights,1 which the courts broadly protect. But there are characteristics of the military—including its rank structure and the need for good order and discipline essential to accomplishing the military’s crucial mission—that justify constraints on the religious speech of all mili- tary members beyond what would be constitutionally tolerable in the civilian context. Moreover, additional constraints are imposed on military leaders’ reli- gious speech by virtue of their rank and position. This article addresses what military leaders2 need to know about rights and limitations on religious speech,3 both their subordinates’ and their own. After examining the freedom of religious speech and three constitutional limitations, the article highlights three selected religious speech issues: proselytizing, official prayer, and religious displays. It concludes by providing leaders ten guiding principles on religious speech.4 It is crucial that military leaders understand and respect the scope of religious speech rights. Honoring the constitutional rights of subordinates is inherently the “right thing to do” in a society and military governed by the rule of law, particularly when all military leaders take an oath to support the Constitution. Infringing subordinates’ rights—for example, by the leader’s own improper religious speech or by failing to allow subordinates to exercise their religious rights—may adversely affect the unit’s ability to execute its mission. Ours is a military characterized by many kinds of diversity, including religious beliefs. Effective leaders leverage that diversity by bringing together the backgrounds, skills, perspectives, and talents of the members in a way that maximizes the unit’s ability to perform. Members whose religious rights and beliefs are not honored may feel alienated and marginalized. If a superior