From an SLDN news release
( WASHINGTON, D.C. ) Servicemembers Legal Defense Network ( SLDN ) Executive Director, Army Veteran Aubrey Sarvis, released a statement today regarding the introduction of new legislation that would ban same-gender marriage on military installations and require new regulations related to chaplains and other military personnel.
"Here they go again with another round of resistance tactics that have already been rejected by Congress and the American people. There is no need for the so-called 'protections' in this bill or the proposed regulations. No chaplain today is being required or pressured to marry anyone, straight or gay. Period. The bill's ban on use of military facilities and chaplains officiating at ceremonies for gay and lesbian service members is nothing more than plain, old-fashion discrimination. There is no place for that prejudice in our armed forces or in our country," said Sarvis.
The full text of the bill, introduced by Rep. Tim Huelskamp ( R-KS ) is below.
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H.R.3828 -- Military Religious Freedom Protection Act ( Introduced in House - IH )
HR 3828 IH
112th CONGRESS
2d Session
H. R. 3828
To amend title 10, United States Code, to require that implementation of the repeal of the former Department of Defense policy concerning homosexual behavior in the Armed Forces not infringe upon the free exercise of religion by and the rights of conscience of members of the Armed Forces, including chaplains, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 25, 2012
Mr. HUELSKAMP ( for himself, Mrs. HARTZLER, Mr. HULTGREN, Mr. JOHNSON of Ohio, Mr. CANSECO, Mr. NUNNELEE, Mr. AKIN, Mr. WESTMORELAND, Mr. LATTA, Mr. JONES, and Mr. KING of Iowa ) introduced the following bill; which was referred to the Committee on Armed Services
A BILL
To amend title 10, United States Code, to require that implementation of the repeal of the former Department of Defense policy concerning homosexual behavior in the Armed Forces not infringe upon the free exercise of religion by and the rights of conscience of members of the Armed Forces, including chaplains, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Military Religious Freedom Protection Act'.
SEC. 2. PROTECTION OF RIGHTS OF CONSCIENCE OF MEMBERS OF THE ARMED FORCES AND CHAPLAINS.
( a ) Protection- Chapter 53 of title 10, United States Code, is amended by inserting after section 1034 the following new section:
`Sec. 1034a. Protection of rights of conscience of members of the Armed Forces and chaplains
` ( a ) Protection of Rights of Conscience- The sincerely held religious or moral beliefs of a member of the Armed Forces concerning the appropriate and inappropriate expression of human sexuality shall be accommodated and shall not be the basis of any adverse personnel action, discrimination, or denial of promotion, schooling, training, or assignment. Nothing in this subsection precludes disciplinary action for conduct that is proscribed by chapter 47 of this title ( the Uniform Code of Military Justice ) .
` ( b ) Protection of Chaplains- ( 1 ) A military chaplain is a certified religious leader or clergy of a faith community who, after satisfying the professional and educational requirements of the commissioning service, is commissioned as an officer in the Chaplains Corps of one of the branches of the Armed Forces. A chaplain is a representative of the chaplain's faith group, who remains accountable to the sending faith group for the chaplain's religious ministry to members of the Armed Forces, to--
` ( A ) provide for the religious and spiritual needs of members of the Armed Forces of that faith group; and
` ( B ) facilitate the religious needs for other faith groups.
` ( 2 ) A military chaplain shall not be directed, ordered, or required to perform any duty, rite, ritual, ceremony, service, or function that is contrary to the conscience, moral principles, or religious beliefs of the chaplain or contrary to the moral principles or religious beliefs of the chaplain's faith group. The refusal by a military chaplain to perform a duty, rite, ritual, ceremony, service, or function that is contrary to the conscience, moral principles, or religious beliefs of the chaplain or contrary to the moral principles or religious beliefs of the chaplain's faith group shall not be the basis for any adverse personnel action, discrimination, or denial of promotion, schooling, training, or assignment.
` ( c ) Regulations- The Secretary of Defense shall issue regulations setting forth guidance to implement the protections afforded by this section.'.
( b ) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1034 the following new item:
`1034a. Protection of rights of conscience of members of the Armed Forces and chaplains.'.
SEC. 3. USE OF MILITARY INSTALLATIONS AS SITE FOR MARRIAGE CEREMONIES OR MARRIAGE-LIKE CEREMONIES.
A military installation or other property owned, rented, or otherwise under the jurisdiction or control of the Department of Defense shall not be used to officiate, solemnize, or perform a marriage or marriage-like ceremony involving anything other than the union of one man with one woman.
HRC statement: Rep. Huelskamp ignores reality of post-DADT military, seeks to micromanage Pentagon.
From a news release
WASHINGTON — Yesterday Rep. Tim Huelskamp ( R-KS ) introduced legislation banning marriage equality for gay and lesbian couples on military facilities and requiring regulations that micromanage established Pentagon policies on personnel matters. Joe Solmonese, president of the Human Rights Campaign, the nation's largest lesbian, gay, bisexual and transgender civil rights organization, issued the following statement regarding H.R.3828 -- Military Religious Freedom Protection Act:
"Rep. Huelskamp and other right wing Republican Members of Congress appear to have missed the memo from military leaders who say that open service is working just fine. Instead, in their compulsive need to use our brave men and women in uniform as political pawns, these Members of Congress have invented issues that don't exist in order to score some points. These antics coming from Rep. Huelskamp shouldn't be a surprise as he was the one forced to admit on the floor of the U.S. House last summer that he wanted to strip funding for training materials that he hadn't even read.
The Human Rights Campaign is America's largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against LGBT citizens and realize a nation that achieves fundamental fairness and equality for all.
