Christian National Guardsman sues after he was forced out over stance against LGBT ideology

This article was originally published by the WND News Center

(WND News Center) — A lawsuit has been filed against Idaho Gov. Brad Little and a couple of the state’s National Guard leaders for removing a Christian officer from command “solely due to his personal Christian expression on biblical sexuality made outside of the military environment.”

The action is coming from Liberty Counsel, which has reported on facts of the situation.

“The ‘No Christians in Command’ policy constitutes a religious gerrymander by unconstitutionally orphaning sincerely held religious beliefs while permitting the more favored non-religious value systems,” the case charges. “On its face and as applied, [the policy] lacks any rational basis and is irrational and unjustifiable.”

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Mat Staver, founder and chief, said:

The U.S. Supreme Court has long held that military members do not shed their constitutional rights when they step forward to serve the nation. Nor are the military departments immune to the laws protecting their individual freedoms. By suspending and removing Major David Worley from command over his Christian beliefs, the Idaho Army National Guard informally adopted an unconstitutional “No Christians in Command” policy.

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. 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.

The dispute is over the state’s attacks on Maj. David Worley, an infantry officer who ran for mayor in Pocatello, Idaho.

“During Worley’s political campaign, which he conducted strictly outside his military duties, he expressed his religious convictions and moral objections to certain issues relevant to political discourse in his community. He expressed his opposition to issues involving so-called ‘Drag Queen Story Hours,’ pornographic material for minors in public libraries, and the medical mutilation of gender-confused children. 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,” the legal team said.

But then one enlisted man, “who claims to be homosexual and is ideologically opposed to Worley’s religious beliefs,” complained about discrimination because he felt “threatened and unsafe” due to Worley’s beliefs.

The Idaho Army National Guard suspended Worley from command in July 2023, when they pressured him to resign, a move that was rescinded within hours.

Finally, when the National Guard investigated and found the complaints were unsubstantiated, it concluded with the recommendation that “all candidates for command be scrutinized to ensure any concerning expression is discovered, reported to the Department of Defense, and investigated for extremist activity.”

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Liberty Counsel said the National Guard then claimed Worley’s beliefs were “toxic” and removed him from command, “solely due to those protected religious views.”

Other defendants are Adjutant General of the Idaho National Guard Major General Timothy J. Donnellan and the Assistant Adjutant General for the Idaho Army National Guard Brigadier General James C. Packwood.

The lawsuit charges that the punishment violates the First Amendment, Fourteenth Amendment, Religious Freedom Restoration Act, and the Idaho Free Exercise of Religious Protection Act.

Reprinted with permission from the WND News Center.