July 9, 2001

Court allows chaplain's charge against Navy
___By Adelle Banks
___Religion News Service
___SAN DIEGO (RNS)--A federal judge has ruled a Navy chaplain may continue part of his lawsuit against the U.S. Navy because his questions about promotional procedures could indicate religious discrimination in the military service.
___The ruling, issued June 20, is the latest development in a string of suits by evangelical chaplains who claim mistreatment by naval officials in the chaplaincy. Non-liturgical chaplains say Catholic and liturgical Protestants are more likely to be promoted and that senior officials from those church groups limit their evangelical practices.
___In this particular case, Lt. Cmdr. Patrick Sturm, a Navy chaplain based in San Diego, filed suit after being denied promotion three years in a row. After seeking reconsideration by a naval board and starting his suit in federal district court, Sturm was retroactively promoted. The Navy sought to have the case dismissed.
___U.S. District Court Judge Thomas Whelan dismissed the part of the suit relating to Sturm's desired promotions but decided to consider his claims about "stacked" selection boards within the Navy.
___"The pleadings contain specific and detailed factual allegations which suggest the Navy may be favoring certain religious groups over others, causing an unconstitutional religious preference or an infringement upon plaintiff's rights to religious freedom," Whelan wrote.
___"In a society of constant flux, the Establishment Clause means at least this: Neither a state nor the federal government can establish or support a church, and no government entity can pass laws which aid one religion, aid all religions or prefer one religion over another."
___Dean Broyles, the lawyer for Sturm, said the judge's ruling will lead to further consideration of the fundamental aspects of his client's suit.
___"We're pleased our client has received a tremendous amount of individual relief and yet we still get to challenge the constitutional merits of their policy," he said. "Every time Sturm is up for promotion, those policies and practices are going to harm him. Why should he have to file a lawsuit every two or three years if the policies are unconstitutional and they're harming his career?"
___The Navy declined to respond to Whelan's ruling.
___The court's decision came a week after messengers to the Southern Baptist Convention passed a resolution calling on the Navy "to rectify past documented injustices" and create policies that ensure religious freedom in the military.

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