I 112th CONGRESS 2d Session H. R. 3828 IN THE HOUSE OF REPRESENTATIVES January 25, 2012 Mr. Huelskamp (for himself, Mrs. Hartzler, Mr. Hultgren, Mr. Johnson of Ohio, Mr. Canseco, Mr. Nunnelee, Mr. Akin, Mr. Westmoreland, Mr. Latta, Mr. Jones, and Mr. King of Iowa) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to require that implementation of the repeal of the former Department of Defense policy concerning homosexual behavior in the Armed Forces not infringe upon the free exercise of religion by and the rights of conscience of members of the Armed Forces, including chaplains, and for other purposes.

1.

Short title

This Act may be cited as the Military Religious Freedom Protection Act.

2.

Protection of rights of conscience of members of the Armed Forces and chaplains

(a)

Protection

Chapter 53 of title 10, United States Code, is amended by inserting after section 1034 the following new section:

1034a.

Protection of rights of conscience of members of the Armed Forces and chaplains

(a)

Protection of rights of conscience

The sincerely held religious or moral beliefs of a member of the Armed Forces concerning the appropriate and inappropriate expression of human sexuality shall be accommodated and shall not be the basis of any adverse personnel action, discrimination, or denial of promotion, schooling, training, or assignment. Nothing in this subsection precludes disciplinary action for conduct that is proscribed by chapter 47 of this title (the Uniform Code of Military Justice). (b)

Protection of chaplains

(1)A military chaplain is a certified religious leader or clergy of a faith community who, after satisfying the professional and educational requirements of the commissioning service, is commissioned as an officer in the Chaplains Corps of one of the branches of the Armed Forces. A chaplain is a representative of the chaplain’s faith group, who remains accountable to the sending faith group for the chaplain’s religious ministry to members of the Armed Forces, to— (A)provide for the religious and spiritual needs of members of the Armed Forces of that faith group; and (B)facilitate the religious needs for other faith groups. (2)A military chaplain shall not be directed, ordered, or required to perform any duty, rite, ritual, ceremony, service, or function that is contrary to the conscience, moral principles, or religious beliefs of the chaplain or contrary to the moral principles or religious beliefs of the chaplain’s faith group. The refusal by a military chaplain to perform a duty, rite, ritual, ceremony, service, or function that is contrary to the conscience, moral principles, or religious beliefs of the chaplain or contrary to the moral principles or religious beliefs of the chaplain’s faith group shall not be the basis for any adverse personnel action, discrimination, or denial of promotion, schooling, training, or assignment. (c)

Regulations

The Secretary of Defense shall issue regulations setting forth guidance to implement the protections afforded by this section.

. (b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1034 the following new item: 1034a. Protection of rights of conscience of members of the Armed Forces and chaplains. .

3.

Use of military installations as site for marriage ceremonies or marriage-like ceremonies

A military installation or other property owned, rented, or otherwise under the jurisdiction or control of the Department of Defense shall not be used to officiate, solemnize, or perform a marriage or marriage-like ceremony involving anything other than the union of one man with one woman.