In a Dec. 2 WorldNetDaily article, Bob Unruh is unusually eager to let us know that the judge who ruled against right-wing activist Gordon Klingenschmitt is "openly lesbian," even though he offers no evidence that the judge's sexual orientation played any role whatsoever in the ruling.
As is usual for Unruh's shoddy journalism, he doesn't quote from, or link to, the judge's decision, for which he also refused to provide a link -- usually a sign he's trying to hide something. Rather, he quotes Klingenschmitt purporting to paraphrase the judge:
“Although Judge Elaine Kaplan ruled against me, at least she affirmed how I was vindicated by the U.S. Congress, who rescinded [military regulation] 1730.7C after it was enforced against me in the Navy court,” he continued.
“She also admitted in her ruling that the government really did punish me, a Navy chaplain, for quoting the Bible in chapel, which would be protected by the First Amendment, but this judge refused to correct the Navy’s obvious abuse of power.
“She also acknowledged that I had written permission to wear my uniform during ‘public worship’ but that my prayers offered in Jesus’ name at a press conference did not qualify as ‘public worship,’” he said.
“Finally, she acknowledged I was punished for writing to my congressman and the president, but again claimed she didn’t have jurisdiction to enforce whistleblower laws. My lawyer and I plan to immediately appeal this bad ruling, and again later if necessary all the way to the Supreme Court,” Klingenschmitt told WND.
Given that Klingenschmitt is rather invested in the case, he's hardly an objective source. In fact, Unruh is working with Klingenschmitt to perpetuate a lie, that he was removed as a Navy chaplain for praying in Jesus' name.
As Kaplan's ruling notes, Klingenschmitt was removed as a Navy chaplain because he prayed at a political event while in uniform, and he was warned beforehand by his superiors that not to participate in the event while in uniform.
This is the event that Unruh let Klingenschmnitt describe as a "press conference" and Unruh described as a "public worship event." Kaplan noted that Klingenschmitt said that "given the event was being organized by a clergy lobbyist group, I have strong reservations about whether this event will, indeed, be a bona fide religious service or observance, rather than a demonstration or assembly to promote personal or partisan views on political, social, or religious issues."
Kaplan pointed out that “The Order did not limit Dr. Klingenschmitt’s right to engage in any religious practices (including presenting an opening prayer at the event or invoking the name of Jesus in his prayer). It simply prohibited Dr. Klingenschmitt from engaging in this activity while wearing his uniform at what was clearly a political event and not, as Dr. Klingenschmitt seems to suggest, a bona fide religious service.”
Unruh tried to downplay the significance of Kaplan's ruling: "Technically, the judge granted the government’s motion for a judgment on the case’s administrative record and her determination her court lacked jurisdiction over some issues." In fact, Kaplan pretty much demplished Klingenschmitt's claims:
Dr. Klingenschmitt has failed to establish that there was any violation of law, rule, or regulation in connection with the separation process itself. Thus, the Court can find no basis for Dr. Klingenschmitt’s contention that neither the CARE board nor the Assistant Secretary had before them an adequate record on which to judge Klingenschmitt’s suitability to be recertified and retained.
Indeed, at the oral argument in this matter, counsel for Dr. Klingenschmitt abandoned his argument that the administrative record before the Court was incomplete, and acknowledged that he had no basis for challenging the government’s representation that it included at AR 1977-2127 the entire record considered by both the CARE board and the Assistant Secretary.
Finally, Dr. Klingenschmitt’s claim that the decision not to recertify him constituted reprisal for constitutionally protected activity is not supported by the administrative record before the Court. As the court of appeals for the D.C. Circuit observed, “[b]ecause mandatory, the Secretary’s initiation of separation proceedings could not have been motivated by retaliatory animus.” Klingenschmitt v. Winter, 275 F. App’x. at 13. Moreover, the administrative record reveals that the ultimate decision not to recertify Dr. Klingenschmitt was based on performance deficiencies and misconduct that were, as described above, unrelated to the content of his sermons or any other even arguably protected activity.
In that regard, the Court finds unpersuasive Dr. Klingenschmitt’s argument that his First Amendment right to practice his religious beliefs was infringed by Captain Pyle’s Order that he not wear his uniform to the media event held in Lafayette Park in March 2006. Captain Pyle’s Order was based on Navy regulations that prohibit the wearing of a uniform in connection with political activities. ... The Order did not limit Dr. Klingenschmitt’s right to engage in any religious practices (including presenting an opening prayer at the event or invoking the name of Jesus in his prayer). It simply prohibited Dr. Klingenschmitt from engaging in this activity while wearing his uniform at what was clearly a political event and not, as Dr. Klingenschmitt seems to suggest, a bona fide religious service. Therefore, taking this infraction into consideration in deciding whether to recertify Dr. Klingenschmitt as a chaplain did not violate either his First Amendment rights or RFRA.
In short, the record fails to support a showing of any causal connection between any protected activity and Dr. Klingenschmitt’s separation. For that reason, and because his other challenges to the lawfulness of the recertification process are without merit, the Court concludes that the Navy’s decision not to recertify Dr. Klingenschmitt, which resulted in his administrative separation from the Navy, was neither arbitrary, capricious, nor contrary to law.
In other words, as Right Wing Watch points out, Klingenschmitt's entire career as a WND-promoted right-wing activist facing religious persecution is based on a myth. But because Unruh has no interest whatsoever in reporting facts and only cares about promoyting false propaganda, WND readers will learn none of this.