Science. See Compl. at ^ 72, 73. He also claims he is an atheist who "absolutely denies the existence of any Supreme Being." Id; at ^ 74.
Plaintiff notes that each House of Congress has a chaplain elected by its Members, and that the chaplains, and their staffs, are paid a federal salary. See Compl. at ^ 50, 82, 84; see also 2 U.S.C. § 6 Id (compensation for Senate chaplain); 2 U.S.C. § 84-2 (compensation for House chaplain). Plaintiff further notes that all of the House and Senate chaplains throughout history have been Christian. See Compl. at ^ 53.
Plaintiff claims that he has been (or will be) "injured" by Congress's chaplaincy practice in three ways. First, plaintiff claims that he "applied for the position of legislative chaplain in both the Senate and the House," Compl. at ^ 75, and that, "due solely to his religious beliefs," his candidacy "will not even be seriously considered." Id. at ^ 76.
Second, plaintiff alleges that, because congressional chaplains, and their staffs, are paid with "public funds," his "tax moneys" have been "used to pay" their salaries and expenses. Compl. at Tffl 81-89.
Third, plaintiff alleges that Dr. Lloyd John Ogilvie, the Senate Chaplain, "(implicitly) ... demean[ed]" his religious beliefs (Compl. at ^ 93) by offering a prayer "declaring] [the Senate's] convictions in the Pledge [of Allegiance]." Id, at If 92 (quoting Dr. Ogilvie's June 27, 2002 prayer). As plaintiff notes, he filed a well-publicized lawsuit challenging the constitutionality of the federal Pledge of Allegiance statute. See id, at If 90 (citing Newdow v. United States Cong.. 292 F.3d 597 (9th Cir. 2002) (declaring that addition of the words "under God" to the Pledge is an unconstitutional establishment of religion), petition for rehearing and rehearing en bane filed by the United States. No. 00-16423 (August 9, 2002)).
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