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National Guardsman Challenges ‘No Christian in Command’ Policy

January 25, 2025

A former Idaho National Guardsman is suing the Gem State after he was removed from command for expressing his biblical views on human sexuality.

Major David Worley of the Idaho Army National Guard and attorneys with Liberty Counsel filed a lawsuit last week, alleging that Worley was “unlawfully, unconstitutionally, and unconscionably subjected to investigation, discrimination, retaliation, and punishment for the simple exercise of his First Amendment rights … to exercise his sincerely held religious beliefs without fear of discriminatory reprisal from his chain of command.” According to the lawsuit, the discrimination against Worley is rooted in comments he made when campaigning for mayor of Pocatello and, later, for Idaho State Senate.

While campaigning, Worley expressed his opposition to drag queen story hours, pornographic material in public school libraries, and gender transition procedures for minors. Liberty Counsel noted in a press release, “All of Worley’s protected speech occurred off-duty in his private capacity and before he took command of the Idaho Army National Guard’s Recruiting and Retention unit.” In 2023, a fellow National Guardsman who identifies as homosexual filed a complaint against Worley, alleging that the major’s religious beliefs constituted discrimination.

The Idaho Army National Guard subsequently suspended Worley from command and “illegally pressured him to resign without benefit of any counsel or notice.” He was told that if he did not resign he would “face significant and life-altering disciplinary proceedings.” When Worley rescinded his resignation on the advice of counsel, the Idaho Army National Guard launched a formal investigation into the complaints against him.

Although the investigation found that the complaints against Worley were “unsubstantiated” and that there was “no evidence Worley did anything wrong in the workplace,” the National Guard branch recommended a new policy requiring candidates for command be investigated — with examination of private social media posts being a key factor in such an investigation — to ensure that they do not adhere to any “toxic” or “concerning ideologies,” a supposed effort to “ferret out” any “extremism.” Liberty Counsel dubbed the directive the “No Christians in Command” policy.

Liberty Counsel founder and chairman Mat Staver said in a statement, “The Constitution simply does not allow the military to punish those with sincerely held religious beliefs or to specifically target religion for disparate and discriminatory treatment.” He called on Idaho’s Republican governor to rectify the wrong. “Governor Brad Little must ensure that the Idaho Army National Guard upholds federal and state law and protects the free speech of its service members. This discrimination against Major Worley must stop and his record must be cleared and his career restored,” Staver declared.

In comments to The Washington Stand, Arielle Del Turco, director of the Center for Religious Liberty at Family Research Council, said, “The Idaho Army National Guard made an absolutely shameful decision when they removed an officer for his speech informed by his biblical worldview outside of his military role.” She continued, “We can hope that with the new Trump administration, we will see these violations of religious freedom in the military come to an abrupt halt. This highlights the importance for President Trump to set the tone as commander and chief and make it clear that the religious freedom of every servicemember and chaplain will be protected.”

Earlier this week, President Donald Trump issued an executive order terminating diversity, equity, and inclusion (DEI) initiatives — including LGBT activism — in the federal government. The order comes amid numerous moves by the Trump administration to exterminate identity-driven ideology from all areas of the federal government. For example, LGBT and Black Lives Matter (BLM) flags and signage have already been prohibited from government buildings and DEI-supporting military leaders have been fired. Trump, along with Secretary of Defense nominee Pete Hegseth, have also announced a plan to halt and block military investigations related to alleged “extremism.”

S.A. McCarthy serves as a news writer at The Washington Stand.



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