Liberty Counsel, a non-profit legal group, is representing Major David Worley in a complaint filed after he was relieved of his command.
According to the lawsuit, Worley took part in a conversation "discussing issues and topics relevant to the political discourse taking place in his community," including commentary on Drag Queen events in public libraries.
At that time, Worley was running for public office and had the conversation "outside the confines and strictures of his military duties." He also had not yet assumed his role as a major in the Idaho Army National Guard.
In July 2023, Major Worley took command of the Idaho Army National Guard's Recruiting and Retention unit. A sergeant under Worley's command, performed a Google search of the Major after he had been promoted to command the unit.
As a result of that search, the sergeant filed a complaint with the Equal Opportunity Employment Commission (EEOC) alleging Major Worley created a hostile work environment.
The complaining guardsman said he felt "threatened and unsafe" merely due to Worley's beliefs, Liberty Counsel explains.
"As a result of the EO Complaint, Major Worley was unceremoniously hauled into his command's office—just a few short days after assuming his new command—and told that he must resign or face significant and life-altering disciplinary proceedings," reads the lawsuit.
Worley initially resigned, but rescinded his resignation and was investigated over the complaint.
The investigation reportedly found that the guardsman's complaint was unsubstantiated and they found no evidence Worley did wrong in the workplace. However, the commander overseeing the investigation decided that Worley's religious beliefs were "toxic" and removed him from command solely due to those protected religious views, according to Liberty Counsel.
Additionally, the commander suggested the Idaho National Guard implement a policy to monitor potential candidates for command for any "concerning ideologies" as a way of "rooting out" any "extremism" in the ranks.
"The 'No Christians in Command' policy constitutes a religious gerrymander by unconstitutionally orphaning sincerely held religious beliefs while permitting the more favored nonreligious value systems," wrote Liberty Counsel. "On its face and as applied, (the policy) lacks any rational basis and is irrational and unjustifiable."
Liberty Counsel is seeking a permanent injunction against the discrimination of Christians in the Idaho Army National Guard and a temporary restraining order for it to restore the officer and cease all efforts to force him out of the military.
They allege that the guard's actions violate the First Amendment, Fourteenth Amendment, Religious Freedom Restoration Act, and the Idaho Free Exercise of Religious Protection Act.
