An Army National Guard officer has filed a lawsuit against Idaho Republican Governor Brad Little and two senior military officials, alleging that his removal from command was unlawful and motivated by his Christian beliefs.
Liberty Counsel, a religious liberty legal organization, filed the federal lawsuit on January 17 on behalf of Major David Worley. The complaint alleges that the Idaho Army National Guard was pressured to adopt an unconstitutional policy referred to as “No Christians in Command.”
Worley argues that this policy aimed to identify “extremists” in the military by examining the social media profiles of potential command candidates. According to the lawsuit, the effort was intended to uncover any "concerning information" about these "extremists" and obtain "the full picture" of the candidates' beliefs, including any "concerning ideologies."
The lawsuit, which names Governor Little, Adjutant General of the Idaho National Guard Major General Timothy J. Donnellan, and Assistant Adjutant General for the Idaho Army National Guard Brigadier General James C. Packwood as defendants, asserts that Worley was removed "for the mere exercise and expression of his religious views,” despite an official investigation finding no wrongdoing on his part.
Liberty Counsel described the “No Christians in Command” policy as “a religious gerrymander by unconstitutionally orphaning sincerely held religious beliefs while permitting the more favored nonreligious value systems.”
The issue arose when Major Worley, an infantry officer, ran for mayor of Pocatello, Idaho, in 2023, expressing his religious convictions and moral objections to social issues like “Drag Queen Story Hours” and explicit materials in public libraries for minors.
After his campaign, a subordinate service member, identifying as homosexual, filed a formal complaint against Worley, alleging discrimination and a hostile work environment. The guardsman, who had only met Worley twice, claimed to feel “threatened and unsafe” due to Worley’s religious beliefs.
Consequently, the Idaho Army National Guard suspended Worley from command in July 2023. The lawsuit states that officials pressured him to resign “without benefit of any counsel or notice.” Upon consulting with Liberty Counsel, Worley rescinded his resignation within two hours.
Led by Packwood, a formal investigation was initiated, ultimately determining that the allegations against Worley were “unsubstantiated” and that he had committed no workplace violations. However, instead of reinstating Worley, the investigation recommended that future command candidates undergo scrutiny for “concerning ideologies” through public records searches and social media monitoring.
The investigation also suggested that the Idaho Army National Guard should consider “creating a policy … of conducting public records search on the Internet and on popular social media sites to see how a selected candidate portrays themselves publicly,” recommending that all command candidates be “scrutinized to ensure there is no concerning information within the public domain.”
Despite being cleared of him, attorneys assert that Packwood removed Worley from command, labeling his religious beliefs as “toxic.” Little's office has not publicly commented on the lawsuit, while a spokesperson for the Idaho National Guard stated that Worley is “still fully employed, hasn’t lost his rank, and is receiving full pay and benefits.”
The spokesperson emphasized that the Idaho Military Division has not made any policy changes regarding the alleged recommendations, asserting that a review is “still in process.”
