Liberty Counsel has notified Governor Brad Little 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. In this instance, 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.
As a result, the Idaho Army National Guard must “unsubstantiate” the discriminatory investigating officer’s findings and recommendations; reject the discriminatory policy regarding religious speech; dismiss the frivolous subordinate senior enlisted man’s complaint and restore the officer’s career. Liberty Counsel requests a response from Governor Little by August 30, 2024, to avoid further legal action.
In 2023, a subordinate senior enlisted man who claims to be homosexual filed a formal discrimination military complaint against the officer who shared his religious and political beliefs, particularly regarding gender ideology and the sexualization of children, on his private social platform. 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. 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 the subordinate senior enlisted man’s complaint, he falsely claims that the examples of the officer’s speech showed “just how much [the officer] truly hates the LGBTQ community.”
“I feel like I have been discriminated against because of my sexual orientation and that is [sic] 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.”
In addition, the subordinate senior enlisted man complained, “I must emphasize that this has created an uncomfortable, unsafe, and a hostile work environment, making it increasingly challenging for me to perform my duties effectively. With the active ties to the extremist/hate group, it makes me feel threatened and unsafe. All the posts on his social media and how public he is about his hate towards individuals like me and my family. Not just for me but for my husband and my child.”
However, as a Christian the officer believes all people are made in God’s image and have inherent dignity and are worthy of respect. He is committed to serving those under his command, regardless of political or religious disagreements, and would give his life in defense of his state and nation.
The Idaho Army National Guard removed the officer from command following the complaint from the senior enlisted man and then illegally pressured him to resign without benefit of any counsel or notice. He rescinded his notice two hours later after contacting Liberty Counsel.
The Idaho Army National Guard agreed to lift the flag on the officer’s file so he could resign with no penalty and return to Wyoming to fulfill his duties. However, the Idaho Army National Guard failed to lift the flag before the Wyoming position closed out. In addition, the Idaho Army National Guard quoted Bible verses against the officer for “not keeping his word” to leave by a certain date.
The Idaho Army National Guard proceeded with a formal investigation, known as AR 15-6, based on the unconstitutional complaint from the subordinate senior enlisted man. After more than a year since the officer was removed from command, the investigating officer released a recommendation that the infantry officer be permanently removed from command. In addition, the investigating officer considers enlisted personnel who hold traditional moral values as “extremists” and should be barred from serving or promoted. He also recommends that the Idaho Army National Guard adopt the following policy of searching out the public religious and political statements of enlisted candidates for high profile positions:
“In light of information uncovered during the conduct of this investigation and in accordance with the instructions contained in DoDI 1325.06p (Handling Protest, Extremist, and Criminal Gang Activities Among Members of the Armed Forces, November 27, 2009, Change 2 Effective December 20, 2021) Reporting Requirements, I recommend that all [Full Time National Guard Duty] FTNGD candidates are scrutinized to ensure there is no concerning information within the public domain that would, if substantiated, potentially involve reporting requirements through the state G2 to the DoD Counterintelligence reporting hub and Insider Threat Hub for adjudication by subject matter experts.”
Liberty Counsel Founder and Chairman Mat Staver said, “Governor 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.”
