Idaho National Guard officer removed from command over Christian views

An Idaho Army National Guard officer who expressed his biblically inspired views on sexuality was removed from his command position and pressured to resign after a complaint was filed by an LGBTQ-identifying subordinate.

Liberty Counsel, a First Amendment legal defense group, is representing the officer, who has not been publicly identified in order to protect him from LGBTQ activists, who are notorious for harassing individuals who challenge them.

According to a Liberty Counsel press release, the officer, who has more than 20 years of service with the Guard, used a private social media platform to share his Christian convictions regarding LGBTQ-driven gender ideology and the sexualization of children.  

“The officer wrote against graphic, obscene children’s books in a library and the promotion of a ‘drag kids’ event and drag queens in schools,” explained Liberty Counsel. “He also posted statements such as ‘no child is born in the wrong body,’ males should not be competing in female sports, and against the medical mutilation of gender-confused children. The officer posted these statements while running for a political office or otherwise acting in his private capacity.” 

In retaliation, the subordinate Idaho Guardsman filed an Equal Opportunity complaint against the officer, claiming in the official complaint: “I feel like I have been discriminated against because of my sexual orientation and [it has] caused a hostile work environment. The purpose of this complaint is to bring to your attention several instances in which I believe I have faced discriminatory treatment based on my sexual orientation. I am deeply concerned about the hostile and prejudiced behavior I have experienced, which has adversely affected my well-being, work performance, and overall sense of belonging within the workplace/organization.” 

Guard officials responded to the complaint by removing the accused officer from his position of command, then subsequently pressuring him to resign from the Guard, even though he had served for over two decades. 

Liberty Council says it notified Gov. Brad Little by letter “that the Idaho Army National Guard has violated the protected free speech of an infantry officer by removing him from command and illegally pressuring him to resign regarding public statements he made outside of the military environment.” 

Specifically, charged Liberty Counsel, “the Idaho Army National Guard has violated the First Amendment, Religious Freedom Restoration Act, the Idaho Constitution, and the Free Exercise of Religious Protection Act. In addition, it has become evident that this military branch seeks to implement a policy of discrimination against the religious beliefs of enlisted personnel.” 

“Soldiers who identify as LGBTQ are required to tolerate Christians in the military workplace and may not file false EO Complaints or other charges against superior officers (or subordinates) because they disagree with protected religious or political speech,” the letter continued. 

The letter noted that the officer’s speech “expressed rather unremarkable (and widely held) Christian religious viewpoints and political viewpoints on matters of ‘truth, decency, and morality,’ including human sexuality. The Officer also opposed ‘pernicious practices’ like the sexualization, sterilization and mutilation of children. Some of the Officer’s speech was made in the course of political campaigns. All of it is First Amendment-protected speech. All was made in the Officer’s private, non-military capacity.” 

Liberty Counsel concluded its letter by requesting Gov. Little, as Idaho’s commander-in-chief, to require the Guard to overturn the discriminatory findings and recommendations of the investigating officer (IO) in the case; reverse the “No Christians as Commanders” policy recommended by the IO; and “require the Guard to take all necessary steps to restore the Officer’s career, which has been harmed by over a year’s worth of ‘process as punishment,’ including dismissing the meritless EO complaint.” 

Weighing in on the case, Liberty Counsel Founder and Chairman Mat Staver said: 

“Gov. Brad Little must ensure that the Idaho Army National Guard uphold federal and state law and protect the free speech of enlisted personnel. This discrimination against an officer based on a frivolous complaint must be addressed and his record cleared and career restored.”