Text of US SB 3526 (2012)

II 112TH CONGRESS 2D SESSION S. 3526 To amend title 10, United States Code, to protect the rights of conscience of members of the Armed Forces and chaplains of members of the Armed Forces, and for other purposes. IN THE SENATE OF THE UNITED STATES SEPTEMBER 11, 2012 Mr. WICKER (for himself and Mr. INHOFE) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to protect the rights of conscience of members of the Armed Forces and chap- lains of members of the Armed Forces, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Military Religious 4 Freedom Act of 2012’’. 5 VerDate Mar 15 2010 03:00 Sep 12, 2012 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3526.IS S3526 smartinez on DSK6TPTVN1PROD with BILLS 2 •S 3526 IS SEC. 2. PROTECTION OF RIGHTS OF CONSCIENCE OF MEM- 1 BERS OF THE ARMED FORCES AND CHAP- 2 LAINS OF SUCH MEMBERS. 3 (a) PROTECTION.—Chapter 53 of title 10, United 4 States Code, is amended by inserting after section 1034 5 the following new section: 6 ‘‘§ 1034a. Protection of rights of conscience of mem- 7 bers of the armed forces and chaplains of 8 such members 9 ‘‘(a) PROTECTION OF RIGHTS OF CONSCIENCE.—The 10 armed forces shall accommodate the conscience and sin- 11 cerely held moral principles and religious beliefs of the 12 members of the armed forces concerning the appropriate 13 and inappropriate expression of human sexuality and may 14 not use such conscience, principles, or beliefs as the basis 15 of any adverse personnel action, discrimination, or denial 16 of promotion, schooling, training, or assignment. Nothing 17 in this subsection precludes disciplinary action for conduct 18 that is proscribed by chapter 47 of this title (the Uniform 19 Code of Military Justice). 20 ‘‘(b) PROTECTION OF CHAPLAINS.—(1) For purposes 21 of this subsection, a military chaplain is— 22 ‘‘(A) a certified religious leader or clergy of a 23 faith community who, after satisfying the profes- 24 sional and educational requirements of the commis- 25 sioning service, is commissioned as an officer in the 26 VerDate Mar 15 2010 03:00 Sep 12, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3526.IS S3526 smartinez on DSK6TPTVN1PROD with BILLS 3 •S 3526 IS Chaplains Corps of one of the branches of the armed 1 forces; and 2 ‘‘(B) a representative of the faith group of the 3 chaplain, who remains accountable to the endorsing 4 faith group for the religious ministry involved to 5 members of the armed forces, to— 6 ‘‘(i) provide for the religious and spiritual 7 needs of members of the armed forces of that 8 faith group; and 9 ‘‘(ii) facilitate the religious needs of mem- 10 bers of the armed forces of other faith groups. 11 ‘‘(2) No member of the armed forces may— 12 ‘‘(A) direct, order, or require a military chap- 13 lain to perform any duty, rite, ritual, ceremony, 14 service, or function that is contrary to the con- 15 science, moral principles, or religious beliefs of the 16 chaplain, or contrary to the moral principles and re- 17 ligious beliefs of the endorsing faith group of the 18 chaplain; or 19 ‘‘(B) discriminate or take any adverse personnel 20 action against a military chaplain, including denial 21 of promotion, schooling, training, or assignment, on 22 the basis of the refusal by the chaplain to comply 23 with a direction, order, or requirement prohibited by 24 subparagraph (A). 25 VerDate Mar 15 2010 03:00 Sep 12, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3526.IS S3526 smartinez on DSK6TPTVN1PROD with BILLS 4 •S 3526 IS ‘‘(c) REGULATIONS.—The Secretary of Defense shall 1 issue regulations implementing the protections afforded by 2 this section.’’. 3 (b) CLERICAL AMENDMENT.—The table of sections 4 at the beginning of chapter 53 of such title is amended 5 by inserting after the item relating to section 1034 the 6 following new item: 7 ‘‘1034a. Protection of rights of conscience of members of the armed forces and chaplains of such members.’’. SEC. 3. USE OF MILITARY INSTALLATIONS AS SITES FOR 8 MARRIAGE CEREMONIES OR MARRIAGE-LIKE 9 CEREMONIES. 10 A military installation or other property owned or 11 rented by, or otherwise under the jurisdiction or control 12 of, the Department of Defense may not be used to offi- 13 ciate, solemnize, or perform a marriage or marriage-like 14 ceremony involving anything other than the union of one 15 man with one woman. 16 Æ VerDate Mar 15 2010 04:40 Sep 12, 2012 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S3526.IS S3526 smartinez on DSK6TPTVN1PROD with BILLS