Thursday Afternoon, February 9, 2023
MRFF EMPHATICALLY CONDEMNS
NEW NAVY REGULATION THAT IMPOSES 
UNCONSTITUTIONAL “RELIGIOUS TEST”
ON SAILORS; DEMANDS IT BE RESCINDED


Article VI, Clause 3 of the United States Constitution
couldn’t be more clear:

“... no religious Test shall ever be required as a Qualification
to any Office or public Trust under the United States.”

But now the U.S. Navy has come up with a new regulation that couldn’t violate this “no religious test” clause more if the Navy had sat down and said, ‘Hey, let’s try as hard as we can to come up with something that totally violates the Constitution.’
Group of sailors marching towards forefront of photo with big cross behind them
(The appearance of U.S. Department of Defense (DoD) visual
information does not imply or constitute DoD endorsement.) 
MRFF OP-ED
ON DAILY KOS

#1 Trending story on Daily Kos

Outrageous! U.S. Navy orders commanders to implement a “religious test” for all sailors!

By: MRFF Senior Research Director Chris Rodda

Thursday, February 9, 2023
Chris Rodda
Article VI, Clause 3 of the United States Constitution couldn’t be more clear:

“... no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”
But now the U.S. Navy has come up with a new regulation that couldn’t violate this “no religious test” clause more if the Navy had sat down and said, ‘Hey, let’s try as hard as we can to come up with something that totally violates the Constitution.’

The new regulation, OPNAVINST 1730.1F, “Religious Ministry in the Navy,” issued on November 9, 2022, replaces 2012’s version, OPNAVINST 1730.1E, and although the old Instruction had the same title as the new one, they couldn’t be more different.

First of all, so-called “Spiritual Readiness” is now the job of commanders, or, in the words of the regulation, “commanders own the requirement.” And what is it that commanders “own?” Well, in part, they are now required to “offer new check-ins the opportunity to complete a religious needs assessment.” In other words, new check-ins will have to declare to their new commander what their religion is, i.e. A RELIGIOUS TEST!

Don’t let that word “offer” fool you into thinking that this “religious needs assessment” will be voluntary. Declining this “offer” will obviously let a sailor’s new commander know that they are not religious, subjecting them to A RELIGIOUS TEST every bit as much as accepting this kind “offer” will.

Here is the entire “Spiritual Readiness” section from the new regulation (emphasis added):

(2) Spiritual Readiness. Spiritual Readiness is the strength of spirit that enables the warfighters to accomplish the mission with honor. Spiritual Readiness speaks to the will to fight and the ability to overcome adversity in the moment of combat or crisis. The skill to fight without the will to fight leaves a hollow force. While the CHC creates, increases and sustains Spiritual Readiness by PNC (reference (b)), commanders own the requirement. The technical definition of Spiritual Readiness is:

(a) Spiritual Readiness is the capacity for mission accomplishment that results from the warfighter’s connection to the transcendent, defined by:

1. A connection to the divine;

2. Participation in a community of faith;

3. Sacrifice for the greater good; or,

4. The pursuit of meaning, purpose, value and service.

(b) Spiritual Readiness is an element of military readiness that is created, increased, and sustained by PNC [Professional Naval Chaplaincy].

(c) Spiritual Readiness is measured in commands by access to a chaplain; Service members’ engagement with the Command Religious Program (CRP); and, the training, equipage, facilities and resources of the religious ministry team (RMT).

(3) Commanders must offer new check-ins the opportunity to complete a religious needs assessment.

But wait, you might say, two of those four “connections to the transcendent” in that list don’t sound religious. Well, just cast your eyes down to Section (c), and you’ll see that the only “measures” of these “Spiritual Readiness” options are all religious — “access to a chaplain; Service members’ engagement with the Command Religious Program (CRP); and, the training, equipage, facilities and resources of the religious ministry team (RMT).” Options numbers 3 and 4, “Sacrifice for the greater good” and “The pursuit of meaning, purpose, value and service” are really not options at all. There are only two options — “A connection to the divine” or “Participation in a community of faith.”

Even the very clearly stated “Purpose” at the beginning of the regulation says that this is all about religion (emphasis added):

1. Purpose. This instruction implements reference (a) for the delivery of Religious Ministry (RM) within the Navy. This is a complete revision and should be reviewed in its entirety.

The Army failed over a decade ago with its infamous “Spiritual Fitness Test,” with non-religious soldiers failing the test being told they weren’t “fit,” and, as I wrote about back in 2011, in some cases reported to the Military Religious Freedom Foundation (MRFF), were forced to see a chaplain. And who did the Army come to in 2013 for input to create a new, less-completely-offensive-and-unconstitutional program? Why, MRFF, of course

“No religious test” means “NO RELIGIOUS TEST!” The Navy’s masking it as an “offer” of an “opportunity” for a “religious needs assessment” fails spectacularly in making this new mandate not A RELIGIOUS TEST!!!
MRFF Founder and President Mikey Weinstein's
demand to Secretary of the Navy Carlos Del Toro
that the new egregiously unconstitutional regulation OPNAVINST 1730.1F be immediately rescinded
Mikey Weinstein
From: Michael L Weinstein <[email protected]>
Subject: URGENT!! Egregious U.S. Navy Unconstitutional Violation of "No Religious Test"
Date: February 9, 2023 at 10:10:38 AM MST
To: Navy Secretary Carlos Del Toro
Cc: Chief of Naval Operations Michael M. Gilday

Dear U.S. Navy Secretary Carlos Del Toro,

I write to you today to demand that the U.S. Navy, which you completely oversee, immediately rescinds its hideous new regulatory edict (OPNAVINST 1730.1F. “Religious Ministry in the Navy”; November 9, 2022), which COMPLETELY, INCONTROVERTIBLY, and VICIOUSLY violates the absolute, foundational, bedrock “No Religious Test” mandate of Clause 3, Article VI of the United States Constitution.

To this end, please see the important breaking news article immediately below from Ms. Chris Rodda, who is the Senior Research Director of the Military Religious Freedom Foundation (MRFF). 


I am MRFF’s Founder and President.

MRFF is thoroughly repulsed and thunderstruck that this new, wholly unconstitutional regulation has been perniciously promulgated on your watch, Mr. Secretary, and, in so doing, is fatally tearing asunder the good order, morale, discipline, and unit cohesion of the United States Navy!

In this particular illicit matter at hand, MRFF is representing a number of U.S. Navy personnel, some of whom are quite senior and actually on your own Pentagon staff.

Mr. Secretary, fix this unmitigated disaster NOW! 

All U.S. Navy military and civilian personal, including yourself, sir, swear an oath to support and defend the Constitution of the United States. They do NOT swear such an oath to the fundamentalist Christian nationalist fervor and flavor of the United States, whose outlaw adherents indubitably wrought this new regulation into its ignominious existence!

When Defense Secretary Lloyd Austin took over DoD he made it publicly loud and clear that he wanted to be the “Lodestar" for racial and religious diversity in his new position at DoD.

What you have allowed to happen in the United States Navy, via either shameful malfeasance or misfeasance, with the disgraceful promulgation of this repulsive new Navy regulation is the literal “Death Star” to the Defense Secretary’s promised Loadstar.

Navy Secretary Del Toro, rescind that noxious Navy regulation IMMEDIATELY and aggressively investigate and severely punish all Navy staffers who either directly or indirectly enabled this wretched, unconstitutional travesty to ever occur!

Sincerely,

Michael L. “Mikey” Weinstein, Esq.
Founder and President, Military Religious Freedom Foundation
505-250-7727
MRFF fought the Army's equally unconstitutional "Spiritual Fitness Test" over a decade ago
with the outcome of the Army seeking
MRFF's input to create new program
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