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November 02, 2006

Judge denies chaplain’s request to block potential discharge

By Chris Amos
Staff writer

A U.S. District Court judge has denied a Navy chaplain’s request for a restraining order that would have temporarily blocked the Navy from discharging him.

A statement from Judge Henry H. Kennedy Jr. released Wednesday said arguments made by lawyers representing Lt. Gordon J. Klingenschmitt had “not met the rigorous requirements for obtaining such an extraordinary remedy.”

A temporary restraining order is an expedited court ruling that prevents a party from committing an act that would lead to irreparable harm to another party before a lawsuit can be adjudicated, according to Bill Farley, a civilian lawyer representing Klingenschmitt.

Farley said Kennedy denied the restraining order after Navy officials told him that although separation proceedings had been initiated, no decision had been made. If Navy officials decide to separate him, Klingenschmitt would not be discharged for at least 30 days.

Klingenschmitt could return to the court during that time period to request another restraining order, Farley said.

The denial of the restraining order will not dispose of the lawsuit filed last week by Farley and several other lawyers from the Rutherford Institute, a nonprofit law firm representing Klingenschmitt. That lawsuit asks that the Navy not separate Klingenschmitt, that it remove all negative evaluations from his record and stop discouraging evangelical chaplains from praying in Jesus’ name.

Klingenschmitt’s lawyers say chaplain officials have refused to accept a new endorsement from a new religious organization, the Full Gospel Church, after he resigned his previous endorsement from the Evangelical Episcopal Church shortly after a special court-martial convicted him of disobeying a lawful order in September.

Klingenschmitt says the Navy is refusing to accept his new endorsement as a pretext to separate him for his refusal to practice a “non-sectarian, civic religion.”

“They are using this procedure to do what the special court-martial was not able to do,” he said.

A special court-martial convicted Klingenschmitt of disobeying a lawful order after he wore his uniform to a March press conference in front of the White House — something Navy officials said he was repeatedly told not to do.

Jury members recommended that he receive a $3,000 fine and a letter of reprimand.

Klingenschmitt said he has not received notice from the convening authority, Rear Adm. Frederic Ruehe, commander, Navy Region Mid-Atlantic, as to whether the recommended sentence will be imposed.

Ruehe has authority to lower the sentence, but he cannot raise it.

Klingenschmitt says he has been ordered to stop working as a chaplain and has been limited to administrative work at Norfolk Naval Station, Va.

“Meanwhile I sit in limbo,” he said. “Not allowed to pray, not allowed to preach, not allowed to counsel.”

Navy officials declined to comment because the case is pending.

Also see:

Chaplain sues to stay in the Navy (Nov. 1)

Chaplain: Change prayer policy (Sept. 19)

Chaplain guilty of disobeying order (Sept. 25 issue)

Navy chaplain ends 19-day hunger strike (Jan. 23 issue)

Chaplain protests prayer policy with hunger strike at Bush’s door (Jan. 2 issue)



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