Goldman v. Weinberger

The ruling affirmed that, because the military's interest in uniformity of dress is necessary for the strict obedience, unity, commitment, and morale required by the armed forces, the First Amendment's protection of free exercise of religion does not require the military to accommodate personnel whose religious beliefs require them to violate uniform regulations.

Although the First Amendment guarantees the free exercise of religion, religious beliefs sometimes conflict state interests, including a person's military duty. The Supreme Court has never held that a person has a constitutional right to be exempted from military service because of religious convictions, though it has upheld that statutory right. But even in rulings that have embraced a broad interpretation of religion, the Court has not said that the First Amendment protections outweigh the military's significant interest in maintaining a force ready and fit for the country's defense.

S. Simcha Goldman, an Orthodox Jew and ordained rabbi, joined the Armed Forces Health Professions Scholarship Program in 1973. This program provided him with financial support while he obtained his doctorate in psychology at Loyola University. After completing his degree, Goldman was required to serve one year of active duty for each year of his subsidized study. He became a commissioned officer in the U.S. Air Force, serving as a clinical psychologist at the mental health clinic at March Air Force Base in Riverside, California.

For some years Goldman wore his yarmulke, a skullcap required of Orthodox Jewish men, while on duty. Air Force uniform regulation (AFR) 35-10, however, states that "[h]eadgear will not be worn . . . [w]hile indoors except by armed security police in the performance of their duties." In 1981, when Goldman testified as a witness at a court-martial wearing his yarmulke, the opposing counsel complained to Hospital Commander Col. Joseph Gregory that the yarmulke was in violation of the uniform code. Col. Gregory then ordered Goldman not to wear his yarmulke outside the hospital. Goldman refused. Gregory then ordered Goldman not to wear his yarmulke even in the hospital, and warned him that failure to obey AFR 35-10 could result in a court-martial. Col. Gregory also withdrew a recommendation that Goldman's application to extend active service be approved.

Goldman then sued the secretary of defense on the grounds that AFR 35-10 violated his First Amendment right to free exercise of religion, since wearing a yarmulke is required by Orthodox belief. The U.S. District Court for the District of Columbia issued an injunction barring the Air Force from prohibiting Goldman from wearing his yarmulke. The secretary of defense appealed, and the appellate court reversed the earlier decision. The Supreme Court agreed to review the matter because of its importance.