An infantry officer who expressed Christian views on human sexuality and other LGBT-related issues faced pressure to resign from the Idaho National Guard and was stripped of his commanding position following a complaint from a subordinate who identifies as homosexual.
Liberty Counsel, a public interest law firm, announced last Wednesday that it had notified Gov. Brad Little earlier this month about the alleged First Amendment violation. While the infantry officer is represented by R. Davis Younts, LLC, Liberty Counsel has added its voice to the man’s case, requesting a response by Friday to avoid further legal action.
According to Liberty Counsel, a subordinate senior enlisted man who identifies as homosexual filed an Equal Opportunity complaint last year against the infantry officer. The officer reportedly expressed Christian viewpoints on human sexuality and expressed opposition to “pernicious practices,” which include prescribing puberty blockers and opposite-sex hormones to children suffering from confusion about their sex.
The subordinate who filed the complaint claimed that the officer’s speech showed “just how much [the officer] truly hates the LGBTQ community.” Liberty Counsel disagreed with this assessment, arguing that the officer believes everyone is made in God’s image and cares for those under his command, regardless of religious or political differences.
“Soldiers who identify as LGBTQ are required to tolerate Christians in the military workplace and may not file false EO Complaints or other charges against superior officers (or subordinates) because they disagree with protected religious or political speech,” Liberty Counsel stated in its lengthy letter to the governor.
“False charges like these interfere with good order and discipline. Here, the dichotomy between ‘speech for me, but not for thee’ could not be more evident: the baseless and discriminatory AR 15-6 investigation stems from a false EO complaint filed against the Officer by a subordinate senior enlisted man, because the officer had the temerity to speak his religious and political beliefs in public outside of the military context.”
Following the complaint, the Idaho Army National Guard removed the officer from command and initially agreed to lift the flag on the officer’s file, allowing him to resign without penalty and fulfill his duties in Wyoming.
The Idaho Army National Guard did not lift the flag before the Wyoming position became unavailable, according to Liberty Counsel. In addition, the Idaho Army National Guard allegedly used Bible verses to mock the officer for not keeping a promise to leave by a certain date.
Among its list of recommendations, Liberty Counsel requested the restoration of the officer’s career and the dismissal of what the firm described as the “meritless EO complaint.” In addition, Liberty Counsel recommended a rejection of the “No Christians as Commanders Policy,” referring to recommendations made by the Idaho Army National Guard’s investigating officer.
The investigating officer reportedly encouraged the Idaho Army National Guard to adopt a policy of scrutinizing future full-time National Guard Duty candidates’ religious and political beliefs. If concerns about the candidates’ beliefs are substantiated, then the National Guard would report them to the Department of Defense Counterintelligence as an example of “Extremist” and “Insider Threats” for “adjudication by subject matter experts” at the Pentagon.
In a statement to The Christian Post, a spokesperson for the Idaho Military Division confirmed that leadership is aware of the allegations and is investigating the matter.
“We take this matter seriously and in accordance with all federal and state laws regarding discriminatory behavior, we have initiated an unbiased investigation to address the issue thoroughly,” the spokesperson stated. “The investigation is ongoing, and it would be inappropriate to comment further on the matter at this time.”
“Discriminatory practices and hostile work environments have no place within our organization. The Idaho Military Division is committed to maintaining a work environment free from discriminatory behavior, where every employee is treated fairly with respect and dignity.”
The spokesperson promised that if the investigation uncovers violations of the Idaho Military Division's anti-discrimination policies, those responsible will be held accountable in accordance with state and federal law.
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