Tag Archives: Goldman v Weinberger

Teller: Jewish Practice in the US Military

Over at the Jewish Press, Rabbi Hanoch Teller has a fascinating series tracing in storytelling form several major stories in the history of Judaism in the US military. The first two articles describe the story of Mitchell Geller, who after many years of military service starting in the 1950s was ultimately forced out over a beard he refused to shave — resulting in him losing his retirement. The interesting end to the story can be read in Part II.

The third and fourth articles in the series begin the story of S. Simcha Goldman, the Navy chaplain turned Read more

Professor Erroneously Cites Military Religious Freedom

Noah Feldman, a columnist for Bloomberg and professor of constitutional and international law at Harvard, recently penned an article appealing for public support against Mississippi’s religious protection statutes [emphasis added]:

Signed in April, the Mississippi law calls itself the “Protecting Freedom of Conscience from Government Discrimination Act.” …

It should be held unconstitutional because it violates the establishment clause of the First Amendment by singling out one set of religious beliefs for positive treatment.

To buttress his argument against “the danger of religious exemptions,” Feldman cited Goldman v Weinberger, the landmark case in which the US Supreme Court Read more

Sikhs Continue Calls for Military Service

While many continue to focus on promoting “sexual liberty” within the US military — primarily open service by homosexuals, bisexuals, transsexuals, etc-sexuals — few have come to the aid of Sikhs who want to serve in the US military. (Sikhs wanting to serve in the US military have received more press in India than the US.)  Sikhs seek a waiver not for behavior, but for their religious beliefs. Kamal Singh Kalsi, a Sikh who obtained an exception to the uniform policy and was allowed to serve wearing a beard and turban, recently highlighted the inability of Sikhs to serve, as well as the increasing calls for the DoD to “fix” policies that prevent them from joining:

With the support of the advocacy group The Sikh Coalition, 105 members of the House of Representatives and 15 senators sent letters to the Department of Defense urging the U.S. armed forces to modernize appearance regulations so patriotic Sikh Americans can serve the country they love while abiding by their articles of faith.

The re-write earlier this year of religious accommodation regulations in the US military would presumably have made it easier for Sikhs to obtain an exception and join while wearing the accoutrements of their faith. However, Read more

Sikh Denied ROTC Files Lawsuit

The ACLU has filed a lawsuit against the US Army on behalf of Sikh Hofstra University student Iknoor Singh, who was denied entry into ROTC because he would not comply with Army grooming standards that conflict with his religious beliefs.

From the filing (PDF):

When Mr. Singh asked for a religious exemption from these rules…, Defendants denied his request, despite approving similar religious and medical accommodations for other uniformed Army personnel in recent years.

Mr. Singh is now left with an untenable choice: Enlist as an ROTC Cadet and abandon the sacred religious practices that he has followed his entire life, or forfeit his dreams of joining ROTC–along with Read more

Michael Weinstein Sees New Christian Conspiracy in Old Regulation

In a little noted message in April, the US Marine Corps quietly tweaked their uniform policies.  One of the changes dealt with the wear of religious items.

According to the Marine Times,

According to the changes announced in Marine administrative message 207/13, signed April 17, Marines may now wear:

– Articles of religious apparel that are not visible or apparent when worn with the uniform.
– Visible articles of religious apparel with the uniform while attending or conducting religious services or while in a chapel or other house of worship.
– Visible articles of religious apparel with the uniform, but only with special approval.

The Marine Times staff writer, James Sanborn, was in awe Read more

Article Calls on US Military to Repeal Ban on Sikhs

Simran Jeet Singh, a doctoral student at Columbia University, wrote a Huffington Post blog entitled “Repealing the Ban Against Sikhs in the Military:”

Assistant Attorney General Tom Perez from the Civil Rights Division of the Department of Justice…repeated a constant refrain he has heard from the Sikhs in Oak Creek: “We love this country and want to show our love for it. But we still aren’t allowed to serve in the military.” The Assistant Attorney General then said he would elevate the Sikh desire to serve in the military to the highest levels of the Obama Administration.

The article is interesting in touching on a subject not often discussed, but it also reflects that lack of consideration.  For example, as commenters on the article noted, it was sensationally titled:  There is no ban on Sikhs — or any other religious person — serving Read more

Weinstein on Accused Fort Hood Shooter Will Shave, or Be Shaved

Col Gregory Gross, the judge presiding over the murder trial of US Army Major Nidal Malik Hasan for the Fort Hood massacre, followed through on his threat and issued an order that Hasan must shave — or he will be shaved.

Gross…issued his order Thursday after a hearing to determine whether a federal religious freedom law applied to Hasan’s case.  Soldiers may be granted permission to grow beards for religious reasons, and six soldiers have been allowed to do so: a rabbi, two Muslim doctors and three Sikhs, according to Army records.

Hasan said he is violating regulations not out of disrespect, but of religious requirement:

Hasan told the judge last week that he grew a beard because his Muslim faith requires it, not as a show of disrespect. Gross ruled Thursday that the defense didn’t prove Hasan is growing a beard for sincere religious reasons.

While the whole concept might sound a bit odd to outsiders, forced Read more

Marine to be Discharged over Facebook Posts

US Marine Sgt. Gary Stein will reportedly be administratively separated with an “Other than Honorable” discharge as a result of his “political” Facebook activities:

The Commanding General for Marine Corps Recruit Depot San Diego…has approved the board’s recommendation that Sgt. Stein be separated from the Marine Corps with an “other than honorable” discharge.

The Sgt’s case is so high profile the Marines took the unusual step of Read more

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