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Former Navy chaplain files papers for reinstatement appeal

Attorneys for a former Navy chaplain have filed papers to appeal the court-martial conviction that cost the evangelical Christian his Naval career. Gordon James Klingenschmitt says he believes he has the law on his side.



The Navy dismissed Lt. Klingenschmitt following his appearance at a news conference outside the White House in March 2006. He contends the dismissal came because, while at the news conference, he prayed in Jesus' name. The Navy, however, disagrees, saying he disobeyed an ordered. His appearance, say officials, violated Navy regulations that prohibit an officer from appearing in uniform and expressing political or personal views.

The Episcopal chaplain believes he has a strong case for appeal. "Basically we are arguing that the Navy cannot enforce one civic religion on all its chaplains," he explains. "They cannot punish chaplains who pray in Jesus' name. They cannot kick us out just because we pray in uniform in public. They cannot restrict Jesus to the Sunday chapel, the way they were trying to do ...."

He points out that Congress even changed the law that the Navy used to convict him.

"Congress agreed with us and rescinded the bad policy that was enforced against me to kick me out -- so I think the law is on our side; it's always been on our side," he says. "Since 1860 chaplains have been allowed by law to pray in Jesus' name -- and when I continued to do that, the Navy kicked me out anyway. So they did violate the First Amendment. We just have to convince the judges that that's what happened."

Klingenschmitt believes he has a good chance of eventually being reinstated. His appeal hearing has been set for September 20.