Date
Read More Details
J 20 G Add MA
Category
Joint
State
Massachusetts
Type Draft
New Resolution
State Association First Name
Ryan
State Association Last Name
Peterson
Proposal Statement
Reserve Component military chaplains who encourage their religious institution employers to provide just and fair employment policies mirroring the Uniformed Services Employment and Reemployment Rights Act.
Recommendation Information
Military Chaplains work to ensure the free exercise of religion and are proven force multipliers in troop and family resilience, readiness, suicide, sexual assault, and related areas. They form crucial partnerships with Family Readiness, Psychological Health, Medical, and other leaders to ensure our force's mission readiness, health, and wellness.
Yet, due to the anti-establishment and free exercise clauses of the U.S. Constitution's First Amendment, there is a ministerial exception relative to the Uniformed Services Employment and Reemployment Rights Act. Chaplains who are members of the Reserve Components and work for religious institutions must rely solely upon the spiritual, ethical, and moral good will of those institutions and leaders to protect their employment and reemployment rights. The lack of legal protections leaves Reserve Component chaplains without recourse for redress when unjustly terminated by their civilian employers due to military service.
It is therefore recommended that the National Guard Association:
1. Formally recognize the significant contribution and impact of Reserve Component military chaplains to the cause of troop and family readiness, spiritual resilience, and mental and moral health; that we encourage Congress to do the same.
2. Engage with chaplain endorsers to educate their constituencies on the necessity and value of Reserve Component military chaplains, encouraging especially those with ministerial leaders currently serving as chaplains. Assist them in development and adoption of just and fair clergy employment policies and practices that mirror the provisions of USERRA.
Statement of support for Reserve Component military chaplains encouraging their religious institution employers to provide just and fair policies that mirror the Uniformed Services Employment and Reemployment Rights Act.
Yet, due to the anti-establishment and free exercise clauses of the U.S. Constitution's First Amendment, there is a ministerial exception relative to the Uniformed Services Employment and Reemployment Rights Act. Chaplains who are members of the Reserve Components and work for religious institutions must rely solely upon the spiritual, ethical, and moral good will of those institutions and leaders to protect their employment and reemployment rights. The lack of legal protections leaves Reserve Component chaplains without recourse for redress when unjustly terminated by their civilian employers due to military service.
It is therefore recommended that the National Guard Association:
1. Formally recognize the significant contribution and impact of Reserve Component military chaplains to the cause of troop and family readiness, spiritual resilience, and mental and moral health; that we encourage Congress to do the same.
2. Engage with chaplain endorsers to educate their constituencies on the necessity and value of Reserve Component military chaplains, encouraging especially those with ministerial leaders currently serving as chaplains. Assist them in development and adoption of just and fair clergy employment policies and practices that mirror the provisions of USERRA.
Statement of support for Reserve Component military chaplains encouraging their religious institution employers to provide just and fair policies that mirror the Uniformed Services Employment and Reemployment Rights Act.
Resolution No.
20
Item No
G
Additional State Sponsors
IN
Fiscal Year
2018
State Association Email
[email protected] (Chaplain David G. Berube)
State Association Phone Number
774-353-7536
Task Force
Personnel/Medical