Liberty Counsel has announced it is bringing a free speech fight to the Idaho Army National Guard demanding the organization “restore” the career of an infantry officer who was removed from command and illegally pressured to resign because of a soldier’s complaints about the officer’s statements regarding his personal Christian beliefs.
The statements were made as the officer explained on his private social media his perspectives on gender ideology and the sexualization of children. The officer argued against graphic and obscene children’s books in a library, “drag” events in libraries and schools and said “no child is born in the wrong body.”
He also objected to “the medical mutilation of gender-confused children.”
The comments upset a “subordinate senior enlisted man” who promptly complained about being offended.
“I feel like I have been discriminated against because of my sexual orientation and that is [sic] has caused a hostile work environment. The purpose of this complaint is to bring to your attention several instances in which I believe I have faced discriminatory treatment based on my sexual orientation. I am deeply concerned about the hostile and prejudiced behavior I have experienced, which has adversely affected my well-being, work performance, and overall sense of belonging within the workplace/organization,” the complaint claimed.
The subordinate, who “claims to be homosexual,” prompted the National Guard’s negative actions against the officer, Liberty Counsel said.
Liberty Counsel’s first intervention in the case has been to notify Gov. Brad Little of the free speech violations.
“In this instance, the Idaho Army National Guard has violated the First Amendment, Religious Freedom Restoration Act, the Idaho Constitution, and the Free Exercise of Religious Protection Act. In addition, it has become evident that this military branch seeks to implement a policy of discrimination against the religious beliefs of enlisted personnel,” the legal team explained.
The solution, it said, is for the “Idaho Army National Guard must ‘unsubstantiate’ the discriminatory investigating officer’s findings and recommendations; reject the discriminatory policy regarding religious speech; dismiss the frivolous subordinate senior enlisted man’s complaint and restore the officer’s career.”
The subordinate’s complaint also said, “I must emphasize that this has created an uncomfortable, unsafe, and a hostile work environment, making it increasingly challenging for me to perform my duties effectively. With the active ties to the extremist/hate group, it makes me feel threatened and unsafe. All the posts on his social media and how public he is about his hate towards individuals like me and my family. Not just for me but for my husband and my child.”
The legal team explained as a Christian, the officer “believes all people are made in God’s image and have inherent dignity and are worthy of respect. He is committed to serving those under his command, regardless of political or religious disagreements, and would give his life in defense of his state and nation.”
The National Guard removed him from command because of the feelings of offense expressed by the subordinate.
Then officials pressured him to quit, and shortly after launched a formal investigation “based on the unconstitutional complaint.”
It took a year, but that resulted in a recommendation he be permanently barred from command. Further, the investigating officer revealed his perspective of enlisted personnel “who hold traditional moral values” are “extremists.”
Liberty Counsel Founder and Chairman Mat Staver said, “Gov. Brad Little must ensure that the Idaho Army National Guard uphold federal and state law and protect the free speech of enlisted personnel. This discrimination against an officer based on a frivolous complaint must be addressed and his record cleared and career restored.”
The names of the case participants were not immediately released.
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