Let Us Not Pray: Prayers at Formal Army Events and the Establishment Clause
Abstract
The events at the Air Force Academy and their tumultuous aftermath highlight the danger of religious coercion by military leaders in a pluralistic military society. If this religious controversy erupted in the Air Force, might the same fate befall the Army? One current Army activity that presents dangers of religious coercion similar to those found at the Air Force Academy is chaplain-led, official prayer at formal, nonreligious Army ceremonies. Such ceremonies are military, patriotic events and are not considered to be religious services. Soldiers are often required to either participate in or provide support for these events. This paper will examine the constitutionality of "Army ceremonial prayers," which for the purposes of this paper are formal prayers led by Army chaplains at mandatory, non-religious, military, and patriotic Army ceremonies. Part II will first describe the purposes of the First Amendment's Religion Clauses. Part III will examine the Supreme Court's Establishment Clause jurisprudence, especially its school prayer cases, which bear important similarities to Army ceremonial prayers. Part IV will briefly discuss the Supreme Court's Free Exercise jurisprudence and the relationship between the Free Exercise and Establishment Clauses. Part V will discuss the roles and duties of the Army chaplaincy. Part VI will consider the formative socialization process for Soldiers in the Army. Part VII will apply Establishment Clause jurisprudential tests to the issue of Army ceremonial prayers and demonstrate that these prayers, like prayers at public school graduation ceremonies and football games, violate the Establishment Clause. Part VIII will examine several lines of argument for preserving Army ceremonial prayers, and will explain why none of these arguments demonstrably alters the unconstitutional nature of Army ceremonial prayers.
Document Details
- Document Type
- Technical Report
- Publication Date
- Apr 01, 2006
- Accession Number
- ADA519282
Entities
People
- William J. Dobosh Jr.
Organizations
- The Judge Advocate General's Legal Center and School