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 chaplains of members of the Armed Forces, 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Freedom Act of 2012’’. 


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1 SEC. 2. PROTECTION OF RIGHTS OF CONSCIENCE OF MEM2 BERS OF THE ARMED FORCES AND CHAP3 LAINS OF SUCH MEMBERS. 

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

5 States Code, is amended by inserting after section 1034 

6 the following new section: 

7 ‘‘§ 1034a. Protection of rights of conscience of mem8 bers of the armed forces and chaplains of 

9 such members 

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

11 armed forces shall accommodate the conscience and sin12 cerely held moral principles and religious beliefs of the 

13 members of the armed forces concerning the appropriate 

14 and inappropriate expression of human sexuality and may 

15 not use such conscience, principles, or beliefs as the basis 

16 of any adverse personnel action, discrimination, or denial 

17 of promotion, schooling, training, or assignment. Nothing 

18 in this subsection precludes disciplinary action for conduct 

19 that is proscribed by chapter 47 of this title (the Uniform 

20 Code of Military Justice). 

21 ‘‘(b) PROTECTION OF CHAPLAINS.—(1) For purposes 

22 of this subsection, a military chaplain is— 

23 ‘‘(A) a certified religious leader or clergy of a 

24 faith community who, after satisfying the profes25 sional and educational requirements of the commis26 sioning service, is commissioned as an officer in the 


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1 Chaplains Corps of one of the branches of the armed 

2 forces; and 

3 ‘‘(B) a representative of the faith group of the 

4 chaplain, who remains accountable to the endorsing 

5 faith group for the religious ministry involved to 

6 members of the armed forces, to— 

7 ‘‘(i) provide for the religious and spiritual 

8 needs of members of the armed forces of that 

9 faith group; and 

10 ‘‘(ii) facilitate the religious needs of mem11 bers of the armed forces of other faith groups. 

12 ‘‘(2) No member of the armed forces may— 

13 ‘‘(A) direct, order, or require a military chap14 lain to perform any duty, rite, ritual, ceremony, 

15 service, or function that is contrary to the con16 science, moral principles, or religious beliefs of the 

17 chaplain, or contrary to the moral principles and re18 ligious beliefs of the endorsing faith group of the 

19 chaplain; or 

20 ‘‘(B) discriminate or take any adverse personnel 

21 action against a military chaplain, including denial 

22 of promotion, schooling, training, or assignment, on 

23 the basis of the refusal by the chaplain to comply 

24 with a direction, order, or requirement prohibited by 

25 subparagraph (A). 


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

2 issue regulations implementing the protections afforded by 

3 this section.’’. 

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

5 at the beginning of chapter 53 of such title is amended 

6 by inserting after the item relating to section 1034 the 

7 following new item: 

‘‘1034a. Protection of rights of conscience of members of the armed forces and 

chaplains of such members.’’. 

8 SEC. 3. USE OF MILITARY INSTALLATIONS AS SITES FOR 

9 MARRIAGE CEREMONIES OR MARRIAGE-LIKE 

10 CEREMONIES. 

11 A military installation or other property owned or 

12 rented by, or otherwise under the jurisdiction or control 

13 of, the Department of Defense may not be used to offi14 ciate, solemnize, or perform a marriage or marriage-like 

15 ceremony involving anything other than the union of one 

16 man with one woman. 

Æ 


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