I 

112TH CONGRESS 

2D SESSION H. R. 3828 

To amend title 10, United States Code, to require that implementation of 

the repeal of the former Department of Defense policy concerning homosexual behavior in the Armed Forces not infringe upon the free exercise 

of religion by and the rights of conscience of members of the Armed 

Forces, including chaplains, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 25, 2012 

Mr. HUELSKAMP (for himself, Mrs. HARTZLER, Mr. HULTGREN, Mr. JOHNSON of Ohio, Mr. CANSECO, Mr. NUNNELEE, Mr. AKIN, Mr. WESTMORELAND, Mr. LATTA, Mr. JONES, and Mr. KING of Iowa) introduced the 

following bill; which was referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to require that 

implementation of the repeal of the former Department 

of Defense policy concerning homosexual behavior in the 

Armed Forces not infringe upon the free exercise of 

religion by and the rights of conscience of members 

of the Armed Forces, including chaplains, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Military Religious 

3 Freedom Protection Act’’. 

4 SEC. 2. PROTECTION OF RIGHTS OF CONSCIENCE OF MEM5 BERS OF THE ARMED FORCES AND CHAP6 LAINS. 

7 (a) PROTECTION.—Chapter 53 of title 10, United 

8 States Code, is amended by inserting after section 1034 

9 the following new section: 

10 ‘‘§ 1034a. Protection of rights of conscience of mem11 bers of the Armed Forces and chaplains 

12 ‘‘(a) PROTECTION OF RIGHTS OF CONSCIENCE.—The 

13 sincerely held religious or moral beliefs of a member of 

14 the Armed Forces concerning the appropriate and inap15 propriate expression of human sexuality shall be accommo16 dated and shall not be the basis of any adverse personnel 

17 action, discrimination, or denial of promotion, schooling, 

18 training, or assignment. Nothing in this subsection pre19 cludes disciplinary action for conduct that is proscribed 

20 by chapter 47 of this title (the Uniform Code of Military 

21 Justice). 

22 ‘‘(b) PROTECTION OF CHAPLAINS.—(1) A military 

23 chaplain is a certified religious leader or clergy of a faith 

24 community who, after satisfying the professional and edu25 cational requirements of the commissioning service, is 

26 commissioned as an officer in the Chaplains Corps of one 

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1 of the branches of the Armed Forces. A chaplain is a rep2 resentative of the chaplain’s faith group, who remains ac3 countable to the sending faith group for the chaplain’s re4 ligious ministry to members of the Armed Forces, to— 

5 ‘‘(A) provide for the religious and spiritual 

6 needs of members of the Armed Forces of that faith 

7 group; and 

8 ‘‘(B) facilitate the religious needs for other 

9 faith groups. 

10 ‘‘(2) A military chaplain shall not be directed, or11 dered, or required to perform any duty, rite, ritual, cere12 mony, service, or function that is contrary to the con13 science, moral principles, or religious beliefs of the chap14 lain or contrary to the moral principles or religious beliefs 

15 of the chaplain’s faith group. The refusal by a military 

16 chaplain to perform a duty, rite, ritual, ceremony, service, 

17 or function that is contrary to the conscience, moral prin18 ciples, or religious beliefs of the chaplain or contrary to 

19 the moral principles or religious beliefs of the chaplain’s 

20 faith group shall not be the basis for any adverse per21 sonnel action, discrimination, or denial of promotion, 

22 schooling, training, or assignment. 

23 ‘‘(c) REGULATIONS.—The Secretary of Defense shall 

24 issue regulations setting forth guidance to implement the 

25 protections afforded by this section.’’. 

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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by inserting 

3 after the item relating to section 1034 the following new 

4 item: 

‘‘1034a. Protection of rights of conscience of members of the Armed Forces and 

chaplains.’’. 

5 SEC. 3. USE OF MILITARY INSTALLATIONS AS SITE FOR 

6 MARRIAGE CEREMONIES OR MARRIAGE-LIKE 

7 CEREMONIES. 

8 A military installation or other property owned, 

9 rented, or otherwise under the jurisdiction or control of 

10 the Department of Defense shall not be used to officiate, 

11 solemnize, or perform a marriage or marriage-like cere12 mony involving anything other than the union of one man 

13 with one woman. 

Æ 

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