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Americans United for Separation of Church and State v. Department of Defense

Last modified 2026.03.23

STATUS

Ongoing

TYPE

Counsel

COURT

ISSUES

Official Prayer, Religious Minorities

CASE DOCUMENTS

  • FOIA Complaint

As part of an investigation into monthly, Christian prayer services being organized by the U.S. Department of Defense (DOD), Americans United for Separation of Church and State sued the DOD under the Freedom of Information Act (FOIA).

Beginning in May 2025, War Secretary Pete Hegseth has organized a monthly prayer service—held during work hours—which he’s dubbed the “Secretary’s Christian Prayer & Worship Service.” One service featured Idaho-based pastor Doug Wilson, a self-described Christian Nationalist and cofounder of Hegseth’s church’s denomination. Evangelist Franklin Graham led a Christmas-themed service at which he proclaimed: “We know that God loves. But did you know that God also hates? Do you know that God also is a God of war?” DOD sends multiple emails to DOD employees and contractors inviting them to the services and also broadcasts the services on its internal TV network.

On December 2025, Americans United filed a FOIA request seeking public records related to the planning and hosting of the DOD’s prayer services. In particular, we sought records that document communications with department employees, contractors and other agencies; the cost; the amount of time department employees spent; invited speakers and guests; transcripts or recordings; and any complaints from employees relating to the prayer services. When the DOD failed to respond and produce the relevant documents within the statutory deadline, Americans United filed a lawsuit under the FOIA to compel production of these important records. These documents will help AU determine whether the DOD is upholding its obligation to remain neutral about religious matters and respect the religious freedom of federal workers.

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Americans United for Separation of Church and State is a nonpartisan, not-for-profit educational and advocacy organization that brings together people of all religions and none to protect the right of everyone to believe as they want — and stop anyone from using their beliefs to harm others. We fight in the courts, legislatures, and the public square for freedom without favor and equality without exception.

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