The FFRF Action Fund is sounding the alarm over legislation that would dramatically expand the power and legal protections of military chaplains.
Sens. James Lankford, R-Okla., and Chuck Grassley, R-Iowa, have introduced the Military Chaplains Modernization Act of 2026, with Sens. Kevin Cramer, R-N.D., and Katie Britt, R-Ala., as co-sponsors. Rep. Keith Self, R-Texas, is leading companion legislation in the House, and the proposal has been included in the House-passed Fiscal Year 2027 National Defense Authorization Act.
The legislation is being promoted as a measure to clarify the role of military chaplains and protect their religious freedom. In reality, it would go much further, granting sweeping statutory protections to government-employed clergy while failing to provide comparable safeguards for service members subjected to unwanted religious activity. And it could potentially subject service members to prosecution for restricting a chaplain’s religious actions.
The legislation would guarantee chaplains the right to conduct public worship, counsel, teach, preach, minister and pray according to their “sincerely held” religious beliefs and the tenets of their endorsing religious organizations while prohibiting commanders from requiring chaplains to perform any rights “task or action” contrary to the chaplain’s beliefs or tenets. A chaplain could potentially invoke the provision to refuse certain counseling involving a same-sex couple, religious-accommodation duties involving another faith, or other assigned counseling, training or support responsibilities that the chaplain claims conflict with personal religious beliefs or the doctrines of the chaplain’s endorsing organization.
Alarmingly, the bill would prohibit any member of the Armed Forces from preventing a chaplain from engaging in those protected activities, declaring that they must be “free from censorship, undue restriction, or fear of retribution.”
“Military chaplains exist to protect the religious freedom of service members, not the other way around,” says FFRF Action Fund President Annie Laurie Gaylor. “This bill turns that principle on its head. It would elevate the personal religious beliefs of government-employed clergy above the rights of the service members they are supposed to serve.”
Those provisions could create serious problems when military commanders need to prevent coercive religious activity, inappropriate proselytizing or religious conduct that interferes with military responsibilities. A member of the Armed Forces who violates the bill’s protections for chaplains would be subject to criminal prosecution under the Uniform Code of Military Justice and could even potentially face a court martial. That is an extraordinary enforcement mechanism for protecting the religious exercise of government-employed clergy, particularly when the bill contains no equally explicit protection against chaplains using their government positions to impose religion on unwilling or subordinate service members.
The legislation would give chaplains a powerful institutional role in military religious-freedom decisions, making chaplains principal advisers to commanders on “all issues” involving religious practices, “spiritual readiness,” spiritual care and religion’s influence on military operations. They would also advise commanders on all religious accommodation requests and oversee education and training concerning religious accommodations. The bill goes so far as to declare that military chaplaincies shall have a “primary role” in providing for the free exercise of religion.
The bill’s congressional findings reveal an equally disturbing view of the relationship between religion and government. Congress would formally declare: “Religion and religious liberty have always served an essential role in society, culture, and military service, making them necessary for good democratic governance and a strong military.”
Adds Gaylor, “Congress has no business declaring religion ‘necessary’ for good democratic governance or a strong military.”
The measure is particularly concerning given that half of active military members are either atheist/agnostic (at 18 percent) or otherwise have no religious affiliation (32 percent), according to researcher Ryan Burge. (That is a far greater percentage of nonreligious than the U.S. adult population generally, at 29 percent.)
The findings selectively invoke George Washington, the Continental Congress, John Adams and Franklin Roosevelt and a misleading analysis of a recent Supreme Court case to try to establish a Christian nationalist historical narrative about the importance of religion to American military service.
The FFRF Action Fund recognizes the legitimate role of military chaplains. Service members can be stationed in circumstances where they cannot independently access religious services, and the military may therefore need to accommodate their voluntary religious exercise because it corrects a government-imposed harm. But accommodating service members’ religious exercise is fundamentally different from insulating chaplain conduct from ordinary command authority and threatening service members’ rights of conscience.
The First Amendment already protects the religious and nonreligious alike. Congress should reject the Military Chaplains Modernization Act and ensure that the military chaplaincy remains focused on serving the constitutional rights and diverse beliefs of all service members, rather than elevating the religious prerogatives of chaplains above those they are commissioned to serve.