Liberty Counsel has filed suit against Gov. Brad Little and two National Guard officers on behalf of its client, Army Major David Worley.
Daniel Schmid, senior litigation counsel for Liberty Counsel, tells AFN the allegation dates back to 2023 when Worley campaigned for city mayor and, later, for a state Senate seat.
"A subordinate officer to Major Worley filed a complaint against him,” Schmid advises, “saying that he had created a hostile work environment based on some social media posts he posted when he was running for elected office.”
In that campaign, according to the lawsuit, Worley had taken a moral position opposing drag queen story hour, for example, and he vowed to oppose the “moral rot” of society if elected mayor.
The complaining officer, who is a homosexual, stated in the complaint he felt “unsafe” around the Army major, according to a related story by Christian Post.
A previous CP story, published in August, reported Liberty Counsel was pleading with Gov. Little to defend its client’s religious rights and free speech, and to find the major innocent of “false charges.”
The complaint against Worley not only got the Army major in trouble with his superiors, Liberty Counsel alleges, a decision was made to implement a policy for the Idaho Army National Guard that would prevent any similar complaints from happening again.
Liberty Counsel attorneys call it the “No Christians in Command” policy because the National Guard officers reasoned that keeping vocal Christians such as Worley from leadership positions would prevent any further controversy.
The lawsuit also names as defendants Major General Timothy Donnellan and Brigadier General James Packwood.
According to the CP story, General Packwood oversaw an investigation that cleared Worley of any wrongdoing. The general also recommended, however, a policy of investigating the public records and social media of future candidates for command for any “concerning information” they have.
The lawsuit by Liberty Counsel argues General Packwood, and the Idaho Army National Guard, have no right to decide if a soldier's First Amendment-protected beliefs are "concerning."
"The only 'concerning' information about Major Worley was, of course, his
religious views, beliefs, expression, and speech, and his religious exercise..." the lawsuit states.
Despite Worley being cleared of wrongdoing, Liberty Counsel alleges he was told to resign, and did so, but rescinded his resignation after consulting with attorneys. He was also punished after the investigation and was informed in December he is being separated from the Guard unit, the lawsuit states.
A spokesperson for the Idaho Army National Guard told CP that Worley is still employed with his rank, and said the controversial policy is currently being reviewed.
