Navy denies chaplain's request for religious accommodation

A Navy chaplain facing possible dismissal based on alleged statements made to sailors during private counseling sessions has been denied a formal request for religious accommodation.

Lt. Cmdr. Wesley Modder—a 15-year Navy chaplain and former Marine who previously served as chaplain to the Navy SEALs—requested the religious accommodation as part of a March 9 response letter to his commanding officer’s Detachment for Cause memo. The request was an attempt to get official permission from the military for Modder to engage in religious conduct according to his sincerely held beliefs,said Michael Berry, senior counsel with Liberty Institute, which is representing Modder.

“In this case, although it probably sounds somewhat comical or ironic, we requested permission from the Navy for chaplain Modder to continue to conduct his pastoral and spiritual guidance and counseling sessions in accordance with his beliefs as a Christian.”

In a letter dated Monday, Capt. J.R. Fahs, commander of the Naval Nuclear Power Training Command (NNPTC) and Modder’s commanding officer, said Modder’s “ability to express [his] religious beliefs during pastoral counseling has not been restricted or substantially burdened.”

Citing Navy regulations, Fahs said Modder failed “to be sensitive to the religious, spiritual, moral, cultural, and personal differences” of his counselees and was unable to “comfort and counsel in a manner that was respectful of the counselee.”

Liberty Institute noted in a press release that, although the regulations cited by Fahs have been superseded by updated Department of Defense (DoD) policies and federal law, the same regulations also state chaplains are “never required to compromise the standards of their Religious Organization” (in Modder’s case, the Assemblies of God) and that “delivery of care is informed, guided and shaped by the chaplain’s unique pastoral identity and insight.”

“The Navy is trying to use outdated, obsolete policies to deny a chaplain his rights,” Berry said. “The Navy appears to be rebelling against the new DoD regulations and thumbing its nose at Congress and the Secretary of Defense. That is totally unacceptable.”

DoD policy was updated in 2014 to reflect changes in federal law that protect the expression of a service member’s sincerely held religious beliefs. Such expression “may not be used as the basis of any adverse personnel action, discrimination, or denial of promotion, schooling, training, or assignment.” In addition, DoD policy states “requests for religious accommodation … will be approved when accommodation would not adversely affect mission accomplishment, including military readiness, unit cohesion, good order, discipline, health and safety, or any other military requirement.”

Berry said the Navy has not demonstrated Modder’s actions during pastoral counseling sessions—a form of “religious expression”—had an adverse impact on readiness and that Modder’s expression of his sincerely held beliefs is being substantially burdened, contrary to the Navy’s assertion.

“That a chaplain performing his duty as a chaplain somehow would conflict with military readiness or good order and discipline? That’s why we have chaplains!” argued Berry. “For a protestant Christian minister, the core of what he does is spiritual care and guidance in the form of counseling.”