In a win for chaplains in Veteran Affairs (VA), VA Secretary Douglas Collins affirmed that a speech code restricting chaplains’ sermons is unlawful. He added that the department had taken action to rescind the code.

Collins announced the VA’s action in a letter responding to First Liberty Institute and the Independence Law Center, which had written a letter on behalf of Rusty Trubey, an Army Reserve chaplain at the Coatesville VA Medical Center. Trubey was punished for preaching a sermon titled “When a Culture Excludes God.” When he finished preaching the message, which included Romans 1:23-32, a police officer employed by the VA approached Trubey and informed him that people had complained about his sermon.

Due to “inappropriate conduct” for preaching a message that his supervisor said was based on a “very charged and divisive text,” Trubey was reassigned to working in logistics in the hospital, where he stocked shelves.

Subsequently, Trubey’s supervisor created a code that required chaplains’ sermons to be reviewed before being preaching, with certain topics not permitted. 

Trubey returned to his chaplaincy position after First Liberty sent a Letter of Representation to the Coatesville Facility. However, the facility did not remove the speech code.

On Feb. 11, the legal organizations sent the letter to Collins, requesting “immediate action to eliminate the speech code being imposed by the VA and ensure that Chaplain [Rusty] Trubey and his colleagues may preach according to the dictates of their conscience.”

Collins’ responding letter asserted “that constitutional law and the Religious Freedom Restoration Act protects statements made by all VA Chaplains while delivering sermons in accordance with their ecclesiastical endorsers. Chaplain Trubey’s June 23, 2024, sermon is covered by those protections.”

Collins also affirmed that the speech code had no basis under the law.

“Further, VA confirms that there is no national or local policy or standard operating procedure which inhibits Chaplain sermons,” Collins said in the letter. “To the extent that there have been any proposed changes to any existing policy, those proposals will not move forward and have been rescinded. There will be no further action on these policies. VA reiterates again its commitment to upholding and enforcing the constitutional and statutory protections afforded to Chaplains when providing spiritual guidance in the performance of their duties and responsibilities.”

Erin Smith, associate counsel at First Liberty, thanked Collins on behalf of First Liberty.

“We thank Secretary Collins for his protection of religious liberty,” Smith said. “Secretary Collins made it clear that the government has no business censoring anyone’s sermon, including military chaplains.”

Photo: Screenshot courtesy of First Liberty Institute