Rigdon v. Perry (1997)
Muzzled military chaplains enlisted the Becket Fund for an assault on Pentagon censorship. Representing a group of Catholic, Jewish, and Muslim chaplains and service members, the Becket Fund championed the rights of military chaplains to preach freely without government interference.
A Pentagon gag order had barred military chaplains from preaching about legislation during sermons. Although two chaplains—a Catholic priest and an Orthodox Jewish rabbi—wanted to support the Partial-Birth Abortion Ban Act of 1997, the gag order forbade them from doing so in their sermons.
The Becket Fund filed suit arguing that the gag order violated the chaplains’ First Amendment rights and federal statutory rights under the Religious Freedom Restoration Act.
The U.S. District Court for the District of Columbia agreed with the Becket Fund that the gag order was an unconstitutional restriction of their free speech and free exercise rights. Thanks to the Becket Fund, the military chaplains could preach according to their conscience.
Additional Resources
Law Reviews
Eric W. Treene, “Religion, the Public Square, and the Presidency“ (at 616)
Ira C. Lupu, “Instruments of Accomodation: The Military Chaplaincy and the Constitution“ (at 138-139)
Thomas C. Berg, “The Permissible Scope of Legal Limitations on the Freedom of Religion or Belief in the United States“ (at 1304 n. 107)
