[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3828 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Religious Freedom 
Protection Act''.

SEC. 2. PROTECTION OF RIGHTS OF CONSCIENCE OF MEMBERS OF THE ARMED 
              FORCES AND CHAPLAINS.

    (a) Protection.--Chapter 53 of title 10, United States Code, is 
amended by inserting after section 1034 the following new section:
``Sec. 1034a. Protection of rights of conscience of members of the 
              Armed Forces and chaplains
    ``(a) Protection of Rights of Conscience.--The sincerely held 
religious or moral beliefs of a member of the Armed Forces concerning 
the appropriate and inappropriate expression of human sexuality shall 
be accommodated and shall not be the basis of any adverse personnel 
action, discrimination, or denial of promotion, schooling, training, or 
assignment. Nothing in this subsection precludes disciplinary action 
for conduct that is proscribed by chapter 47 of this title (the Uniform 
Code of Military Justice).
    ``(b) Protection of Chaplains.--(1) A military chaplain is a 
certified religious leader or clergy of a faith community who, after 
satisfying the professional and educational requirements of the 
commissioning service, is commissioned as an officer in the Chaplains 
Corps of one of the branches of the Armed Forces. A chaplain is a 
representative of the chaplain's faith group, who remains accountable 
to the sending faith group for the chaplain's religious ministry to 
members of the Armed Forces, to--
            ``(A) provide for the religious and spiritual needs of 
        members of the Armed Forces of that faith group; and
            ``(B) facilitate the religious needs for other faith 
        groups.
    ``(2) A military chaplain shall not be directed, ordered, or 
required to perform any duty, rite, ritual, ceremony, service, or 
function that is contrary to the conscience, moral principles, or 
religious beliefs of the chaplain or contrary to the moral principles 
or religious beliefs of the chaplain's faith group. The refusal by a 
military chaplain to perform a duty, rite, ritual, ceremony, service, 
or function that is contrary to the conscience, moral principles, or 
religious beliefs of the chaplain or contrary to the moral principles 
or religious beliefs of the chaplain's faith group shall not be the 
basis for any adverse personnel action, discrimination, or denial of 
promotion, schooling, training, or assignment.
    ``(c) Regulations.--The Secretary of Defense shall issue 
regulations setting forth guidance to implement the protections 
afforded by this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1034 the following new item:

``1034a. Protection of rights of conscience of members of the Armed 
                            Forces and chaplains.''.

SEC. 3. USE OF MILITARY INSTALLATIONS AS SITE FOR MARRIAGE CEREMONIES 
              OR MARRIAGE-LIKE CEREMONIES.

    A military installation or other property owned, rented, or 
otherwise under the jurisdiction or control of the Department of 
Defense shall not be used to officiate, solemnize, or perform a 
marriage or marriage-like ceremony involving anything other than the 
union of one man with one woman.
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