Army National Guard officer sues over alleged 'No Christians in Command' policy
An Army National Guard officer is suing Idaho's Republican Gov. Brad Little and two senior military officials, alleging he was unlawfully removed from command due to his Christian beliefs.
Liberty Counsel, a religious liberty legal organization, filed the federal lawsuit on Jan. 17 on behalf of Major David Worley. The complaint argues that the Idaho Army National Guard was urged to implement an unconstitutional policy that the filing calls "No Christians in Command."
Worley claims the policy was intended to identify "extremists" in the military by looking at the social media profiles of potential command candidates.
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This effort, according to the suit, was to identify any "concerning information" about such "extremists" and obtain "the full picture" of the candidate's beliefs, including whether they had any "concerning ideologies."
The lawsuit — which names Little, Adjutant General of the Idaho National Guard Major General Timothy J. Donnellan and Assistant Adjutant General for the Idaho Army National Guard Brigadier General James C. Packwood as defendants — asserts that Worley was removed "for the mere exercise and expression of his religious views" despite an official investigation finding no wrongdoing on his part.
Attorneys wrote that the "No Christians in Command" policy "constitutes a religious gerrymander by unconstitutionally orphaning sincerely held religious beliefs while permitting the more favored nonreligious value systems."
The issue began when Major Worley, an infantry officer, ran for mayor of Pocatello, Idaho, in 2023.
During his campaign, Worley expressed his religious convictions and moral objections to social issues, including "Drag Queen Story Hours," the inclusion of explicit materials in public libraries for minors, and so-called medical interventions for children experiencing gender confusion.
According to Liberty Counsel, "all of Worley's protected speech occurred off-duty in his private capacity" and prior to his taking a command role.
After his election campaign, a subordinate service member, who identifies as homosexual, filed a formal complaint against Worley, alleging discrimination and a hostile work environment. The guardsman, who had only met Worley twice, claimed he felt "threatened and unsafe" because of Worley's religious beliefs.
As a result, the Idaho Army National Guard suspended Worley from command in July 2023.
According to the lawsuit, officials pressured him to resign "without benefit of any counsel or notice." After consulting with Liberty Counsel, Worley rescinded his resignation within two hours.
Led by Packwood, a formal investigation was launched and it was ultimately determined that the allegations against Worley were "unsubstantiated" and that he had committed no violations in the workplace.
However, instead of reinstating Worley, the investigation recommended that future command candidates undergo scrutiny for "concerning ideologies" through public records searches and social media monitoring.
The investigation suggested that the Idaho Army National Guard should consider "creating a policy … of conducting public records search on the Internet and on popular social media sites to see how a selected candidate portrays themselves publicly" and that all command candidates should be "scrutinized to ensure there is no concerning information within the public domain."
Despite being cleared of misconduct, attorneys say Packwood removed Worley from command, describing his religious beliefs as "toxic."
Little's office has not publicly responded to the lawsuit. A spokesperson for the Idaho National Guard told Just the News that Worley is “still fully employed, hasn’t lost his rank, and is receiving full pay and benefits.”
“Idaho Military Division hasn’t made any policy modifications,” the spokesperson stressed about the alleged policy reccomendations, stating that a review is "still in process."
“We’ll let the process play out, and if necessary, make an assessment of our policy,” the spokesperson continued, adding that it is up to the “command’s prerogative whether they adopt those [recommendations]. They’ve thus far chosen not to.”
Liberty Counsel Founder and Chairman Mat Staver said in a statement that 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. 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," Staver said.
"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."
Last August, evangelist and Samaritan's Purse CEO Franklin Graham took exception to those equating Worley's stance on homosexuality to "hate."
"Contrary to current cultural myth, disagreeing with someone doesn't mean that you hate them!" Graham wrote on Facebook.
"In fact, being willing to tell someone the truth could be the only way to show real love, concern, and compassion. The truth of God's Word saves souls from Hell. The Bible shows us that we are all sinners in desperate need of a Savior. God loves everyone, and as His followers, we should love people enough to share the truth from His Word that can bring healing and eternal hope."
