19 Jan 07
From: LT Gordon Klingenschmitt, USN, -0240
To: Commander, Navy Region, Mid-Atlantic
Subj: REPLY TO PUNITIVE LETTER OF REPRIMAND
1. The U.S. Congress agreed with me, forcing the Secretary of the Navy to rescind the same “unlawful” policy upon which my commander’s “lawful” orders were based, restoring my inalienable and constitutional right to pray publicly in uniform.
2. On 30 Mar 06 I wore my uniform, with prior written permission from my commanding officer, to read a prayer “in Jesus name” at a press conference, just like I’d previously done on 7 Jan 06 without being punished. I made no political speeches in uniform; I declined to answer media questions until I’d changed into civilian clothes. Both you and the military judge have now reprimanded a chaplain for praying publicly in uniform.
3. Naval Uniform Regulation 6405 states: “Chaplains have the option of wearing their uniform when conducting worship services and during the performance of rites and rituals distinct to their faith groups.” Emails by your own lawyer conceded my skipper’s 16 Dec 05 order was unlawful, forcing him to modify that order (in writing) on 6 Jan 06, granting me permission, by admitting the Naval Uniform Regulation “permits a member of the Naval service to wear his or her uniform, without obtaining authorization in advance, incident to attending or participating in a bona fide religious service or observance.” By reprimanding me, both you and the military judge now rule that my prayers in uniform were “not a religious observance.”
4. Despite these Uniform Regs and the 6 Jan 06 modification to the order, Navy Judge Lewis Booker enforced only the 16 Dec 05 order, citing a strange (new) Navy prayer policy (so illegal it was later rescinded by Congress), when ruling the order was somehow “lawful”: “Much of the weakness of LT Klingenschmitt’s argument is his insistence on reading ‘public worship’ as that term is used in Section 6031 of title 10, United States Code...to mean the same thing as ‘worship in public.’ It is clear, however, from...the Religious Ministries Instruction (SECNAVINST 1730.7C), that ‘public worship’ is a term of art: it...constitutes a ‘divine service.’ One who reads a biblical verse or who recites a prayer at The Speaker’s Corner in Hyde Park is not engaged in ‘public worship’ although he may be ‘worshiping in public.’” You have court-martialed a chaplain for ‘worshiping in public’ in uniform, literally claiming we cannot pray “in Jesus name” outside of Sunday chapel.
5. The punishment of my prayers in uniform (reported in 600+ newspapers), so horrified the American public, that Senator John Warner intervened on the floor of the Senate (19 Sep 06), saying
“I am being besieged by telephone, by bloggers, by everything else... The Secretary of Defense will stay—that means hold in abeyance—enforcement of these newly promulgated regulations until such time as the Congress has had an opportunity to hold its hearings....I am basically assured by the Department of Defense that they will comply; stay for the time being the most recent regulations...material was ordered to be printed in the RECORD as follows: Department of the Navy SECNAV Instruction 1730.7C.” Your reprimand is now contrary to SECDEF’s promise this unlawful SECNAV Instruction would never be enforced.
6. Congress ordered the SECNAV to rescind the policy. The conference report to the 2007 Defense Authorization Act states: “The conferees further direct that the Secretary of the Navy rescind the Secretary of the Navy instruction 1730.7C dated February 21, 2006, entitled ‘Religious Ministry in the Department of the Navy.’” In Nov 06 SECNAV Donald C. Winter repented of his policy which censored chaplains prayers, and rescinded the same policy for which I was punished, obeying Congress, who agreed with me, directly making my skipper’s “lawful” orders suddenly “unlawful.” By punishing me, you continue to enforce a policy no longer on the books.
7. In Acts 4, Peter and John were issued “unlawful” orders by the Pharisees, who “called them and commanded them not to speak at all nor teach in the name of Jesus. But Peter and John answered and said to them, ‘Whether it is right in the sight of God to listen to you more than to God, you judge. For we cannot but speak the things which we have seen and heard.’” In the tradition of my faith, I cannot stop praying, even in uniform, even if you punish my obedience to God. I am a Navy chaplain. I wear a cross on my uniform. I pray “in Jesus’ name.”
8. This reprimand already cost me my career, a million dollar pension, and my family has been evicted from military housing. Yet my victory on Capitol Hill purchased freedom for other chaplains, who are now free again to pray “in Jesus name” in every setting, even in uniform. I jumped on a hand-grenade to secure liberty for others. Some people call that courage.
My conscience is clear, and I’d do it all again.
9. Attached are two news articles for your consideration.
Very respectfully,
G. J. KLINGENSCHMITT
LT, CHC, USN
Atch: Proceedings, Worldnet Daily
cc: Navy Personnel Command (Pers 834)