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Idaho National Guardsman fights for job after probe into his religious, political speech


Requiring Major David Worley to “pack his religious beliefs away is unconscionable and a violation of the First Amendment,” his attorney said.

By Natalia Mittelstadt
Published: January 26, 2025 10:30pm

 A member of the Idaho Army National Guard has filed a lawsuit to prevent his separation from the military after being investigated for religious and political speech he made as a private citizen.

Major David Worley, an infantry officer in the Idaho Army National Guard, is suing Idaho Gov. Brad Little (R), as Adjutant General of the Idaho National Guard Major General Timothy Donnellan, and Assistant Adjutant General of the Idaho Army National Guard Brigadier General James Packwood so he can remain in the military. Worley, who has served in the Army National Guard for over 22 years, has been told he will be separated from the military after an investigation into speech that his legal team believes is protected by the First Amendment.

Worley’s orders to serve as the commander of the Idaho Army National Guard Recruiting and Retention Battalion began on July 1st, 2023. His first day of work was July 5th, and “his unit had its pre-drill meeting with full-time staff” on July 7th, according to the federal lawsuit. During that meeting, Worley met the Sergeant First Class who filed a complaint against him on July 13th.

The complaint “alleged that Major Worley discriminated against the Complaining Guardsman due to his alleged sexual orientation, and that Major Worley (in the six days he was in command) had created a hostile work environment for the allegedly offended Complaining Guardsman,” per the lawsuit.

“The sole factual predicates of the EO Complaint against Major Worley were the press reports of Major Worley’s opposition to Drag Queen Story Hour and the pornography, obscenity, and other inappropriate materials for minors in the public library, and Major Worley’s speech on religious and moral issues that he gave as part of his political campaigns when he ran for elected office,” the court filing reads. [...]

A public affairs officer for the Idaho National Guard told Just the News on Friday that the “Idaho Military Division hasn’t made any policy modifications” regarding this issue, as the “whole situation” is “still in process.”

“We’ll let the process play out, and if necessary, make an assessment of our policy,” he explained. The policy recommendations have not been implemented, and it is up to the “command’s prerogative whether they adopt those. They’ve thus far chosen not to.”

The spokesperson added that Worley is “still fully employed, hasn’t lost his rank, and is receiving full pay and benefits.”

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