Goldman v. Weinberger

Four justices, however, dissented. Justice Brennan, joined by Justice Marshall, wrote that, in finding against Goldman, the Court "abdicate[d] its role as principal expositor of the Constitution and protector of individual liberties in favor of credulous deference to unsupported assertions of military necessity." Justice Brennan chastised the Court for accepting the view of military authorities without question. The contention that the wearing of a yarmulke undermined the Air Force's discipline "surpasse[d] belief," Brennan wrote. The Air Force, in his view, "failed utterly" to show that excepting yarmulkes from its dress code would interfere with its interest in discipline. Noting that it was particularly important for the military to be sensitive to the requirements of minority religions, Justice Brennan concluded that banning yarmulkes "is unworthy of our military because it is unnecessary."

Justice Blackmun also dissented for a different reason. He argued that there was no reason to believe that the interests of the U.S. Air Force would be harmed by allowing Orthodox Jews to wear yarmulkes while on duty, or by allowing other similar religious exceptions. Justices O'Connor and Marshall added that since the Air Force had not plausibly justified the need for its rigid enforcement of its dress code, the individual's assertion of the First Amendment right to free exercise of religion must prevail over the military's uniform policy.