Goldman v. Weinberger 1986
| Author | Daniel Brannen, Richard Hanes, Elizabeth Shaw |
| Pages | 1051-1056 |
Page 1051
Petitioner: S. Simcha Goldman
Respondent: Caspar W. Weinberger, U.S. Secretary of Defense, et al.
Petitioner's Claim: That Air Force regulations preventing him from wearing a yarmulke while on duty violated his First Amendment religious freedom.
Chief Lawyer for Petitioner: Nathan Lewis
Chief Lawyer for Respondent: Kathryn A. Oberly
Justices for the Court: Warren E. Burger, Lewis F. Powell, Jr., William H. Rehnquist (writing for the Court), John Paul Stevens, Byron R. White
Justices Dissenting: Harry A. Blackmun, William J. Brennan, Jr., Thurgood Marshall, Sandra Day O'Connor
Date of Decision: March 25, 1986
Decision: The Supreme Court said the Air Force regulations did not violate the Constitution.
Significance: Goldman allows the military to sacrifice religious freedom for uniformity to maintain discipline and morale.
S. Simcha Goldman was an Orthodox Jew and an ordained rabbi. In 1973, Goldman joined the Armed Forces Health Professions Scholarship Program. The program gave him financial support to study psychology for three years at Loyola University in Chicago, Illinois.
Page 1052
After getting a Ph.D. in 1976, Goldman became a commissioned officer in the U.S. Air Force. He served as a clinical psychologist at the mental health hospital at March Air Force Base in Riverside, California. From 1976 to 1981, Goldman's performance was praiseworthy.
As an Orthodox Jew, Goldman wore the yarmulke required by his religion. A yarmulke is a skullcap that covers the top of the wearer's head in God's presence. It serves as a reminder to serve God at all times.
Air Force regulation 35-10 made it unlawful for officers to wear headgear indoors. Goldman, however, wore his yarmulke in the hospital without any problems from 1976 to 1981. In April 1981, Goldman testified at a court-martial hearing while wearing his yarmulke. Afterwards a court lawyer complained to Colonel Joseph Gregory, Goldman's commanding officer, that Goldman's yarmulke violated Air Force regulations in the courtroom and in the hospital.
Colonel Gregory told Goldman about the violation and ordered him to refrain from wearing the yarmulke everywhere except in the hospital. When Goldman's lawyer protested to the Air Force General Counsel, Colonel Gregory revised the order to prohibit Goldman from wearing the yarmulke even in the hospital.
Goldman requested permission to wear civilian clothes, including his yarmulke, until the dispute was resolved. The Air Force...
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