Liberty Counsel Urges Governor to Act as Military Officer Faces Career Ruin Over Faith-Based Social Media Posts
The Idaho Army National Guard has come under scrutiny for allegedly violating the free speech rights of an infantry officer by removing him from command and pressuring him to resign due to public statements made outside the military context. Liberty Counsel, a prominent legal organization defending religious freedoms, has notified Governor Brad Little of these alleged violations, citing the First Amendment, the Religious Freedom Restoration Act, the Idaho Constitution, and the Free Exercise of Religious Protection Act. According to Liberty Counsel, this incident suggests a broader policy of discrimination against the religious beliefs of enlisted personnel within the Idaho Army National Guard.
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Liberty Counsel is calling on the Idaho Army National Guard to reverse the findings of the investigating officer, reject any discriminatory policies regarding religious speech, dismiss the complaint filed against the officer, and restore his career. The organization has requested a response from Governor Little by August 30, 2024, to avoid further legal action.
Federal and State Laws Must Be Upheld
Liberty Counsel Founder and Chairman Mat Staver emphasized the importance of upholding federal and state laws, urging Governor Little to protect the free speech rights of enlisted personnel. “This discrimination against an officer based on a frivolous complaint must be addressed, and his record cleared and career restored,” Staver stated.
The controversy began in 2023 when a subordinate senior enlisted man, identifying as homosexual, filed a formal military complaint against the officer. The complaint was based on the officer’s personal social media posts, where he shared his religious and political views on issues like gender ideology and the sexualization of children. The officer voiced opposition to graphic children’s books in libraries, the promotion of “drag kids” events, and the inclusion of drag queens in schools. He also stated that “no child is born in the wrong body,” expressed opposition to males competing in female sports, and criticized the medical procedures involving gender-confused children. These statements were made in his private capacity, often while he was running for political office.
Calling on Governor Brad Little
Staver continued, “Governor Brad Little must ensure that the Idaho Army National Guard uphold federal and state law and protect the free speech of enlisted personnel.”
The complaint against the officer claimed that his statements demonstrated “just how much [the officer] truly hates the LGBTQ community.” The complainant further alleged, “I feel like I have been discriminated against because of my sexual orientation, and this has caused a hostile work environment. The purpose of this complaint is to bring to your attention several instances in which I believe I have faced discriminatory treatment based on my sexual orientation. I am deeply concerned about the hostile and prejudiced behavior I have experienced, which has adversely affected my well-being, work performance, and overall sense of belonging within the workplace/organization.”
The complainant also expressed fear for his safety, stating, “I must emphasize that this has created an uncomfortable, unsafe, and hostile work environment, making it increasingly challenging for me to perform my duties effectively. With the active ties to the extremist/hate group, it makes me feel threatened and unsafe. All the posts on his social media and how public he is about his hate towards individuals like me and my family. Not just for me but for my husband and my child.”
Religious Expression Is Protected
In response to the complaint, the Idaho Army National Guard removed the officer from his command and pressured him to resign, allegedly without providing legal counsel or notice. The officer, a devout Christian who believes that all people are made in God’s image and are worthy of respect, rescinded his resignation two hours later after contacting Liberty Counsel. He maintains that he is committed to serving all under his command, regardless of political or religious disagreements, and would willingly sacrifice his life in defense of his state and nation.
Although the Idaho Army National Guard initially agreed to lift the flag on the officer’s file, allowing him to resign without penalty and return to Wyoming to fulfill his duties, they failed to do so before the Wyoming position closed. Furthermore, the Idaho Army National Guard allegedly cited Bible verses against the officer for not adhering to a specified departure date.
A formal investigation, known as AR 15-6, was subsequently conducted based on the complaint. After over a year of deliberation, the investigating officer recommended that the infantry officer be permanently removed from command. The investigator also labeled personnel with traditional moral values as “extremists” and suggested they should be barred from serving or being promoted. Additionally, the investigating officer recommended that the Idaho Army National Guard implement a policy to scrutinize the public religious and political statements of candidates for high-profile positions.