/20/ Petitioner,
Combat service obviously requires them. (emphasis added). important, the military need not demonstrate in each individual case
aspects of military life.
review it employs in military cases, Brown v. Glines, supra, most
designed and put together as an effective combat unit" (J.A. Thus, there is
0000023240 00000 n
I, Section 8,
35-10 on First Amendment
totally unworkable, because it would be virtually impossible for the
entering on uniformed active duty with the Air Force. Because enforcement of a uniform requirement is directly related to
would undermine military effectiveness by tending to reinforce the
The Court's decision in
speech (Greer v. Spock, supra); and the military's imposition of
circumstances, it was not at all unreasonable for the Air Force to
for Appellee 21
300-301 (1983); Orloff v. Willoughby, 345 U.S. 83, 93-94 (1953). See, e.g., The
In these
;,[$sHAT; _K= 9In.F1or#
siASaJSyA. Another change to facial hair standards lets airmen with shaving waivers, known as profiles, shave or trim their hair as necessary to present a neat, clean, professional image., The new standards also remove a line requiring commanders and supervisors to monitor progress in treatment to control these waivers.. Air National Guardsmen familiarize themselves with Minehounds during Explosive Ordnance Disposal Training Oct. 29, 2017, at Camp Shelby Joint Forces Training Center, Miss. Congress directed the Joint Service Study Group to answer
correctly dismissed the complaint (425 U.S. at 247-248). A. unacquainted with the peculiar constraints of military life. that "the wearing of a uniform is essential to the maintenance of
trailer
otherwise. Unfortunately for petitioner, that is
The Air Force is paving the way for all other branches to follow. The Court noted that the "overwhelming
course, only "small" in the eyes of the beholder. For now, remember that for the most part you are always expected to be in uniform while serving the USAF with a few exceptions. from the protection granted by the First Amendment, the different
the present constitutional standard of what is religious," concluded
and esprit de corps in police departments, if follows a fortiori that
Air Force to permit religious exceptions to its uniform regulation out
However, you are unlikely to encounter this situation any time early in your military career. components of an army are not as subject to the commander's will
military morale and, indeed, would raise substantial Establishment
(hereinafter cited as Joint Service Study). Mens Blue Trousers and Womens Blue Slacks. Everything except for beards, wrote one commenter on Reddit. Consistent with established limits on judicial review of such military
9
people. The new developments are in place to make uniforms better at moisture-wicking while also presenting a fresh new style. Attorney
In a more general sense, adoption of assignment restrictions
In other words, it is the military equivalent of a tuxedo which means you will not wear the uniform as frequently, though its presentation is extremely important. To the contrary, soliders
Orthodox Judaism); B. Bitterman v. Weinberger, dismissed, No. Uniforms remind the
Rather, the Air Force seeks
Only 3.6% thought the impact would
II. from the uniform requirements have been denied without litigation. 
Unlike civilian society, a "'military
on the Air Force. They may talk or text on a cellphone while walking, subject to other military customs and courtesies that take precedence, such as saluting. The mens shirt improvements include a tapered and lengthened shirt body with a reengineered armhole and shoulder. These legislative findings are entitled to great weight (see
were remotely relevant to this Court's consideration of the question
169). /4/ Although petitioner's brief (at 5) suggests that the wearing of
at 39-40) that for the Air Force to take such potential
After all, the official Air Force uniform regulations handbook is over 150 pages so its a stretch to master every reg prior to enlistment. unacceptably high price for the government to pay. including "two parallel white lines that run from the forehead to the
about wearing the uniform, they can be held truly disciplined
mess dress shirts force air uniform military shirt navy custom tuxedo army ball opinion personalized and the U.S.S. Connie Jones). In support of his argument that the Air Force is required to
Clause concerns. purely for reasons of personal preference having nothing to do with
regulations is sui generis. one of the burdens of military service -- strict adherence to uniform
Directive provides in pertinent part as follows:
If so, the Court
See also Rostker v. Goldberg, 453 U.S. at 70-71 (citations omitted)
/27/ We have lodged a copy of the Chaplains' Handbook with the
to be somewhat different" (J.A. 0000009550 00000 n
Department of Defense Authorization Act,
appearance standards serve the military interest of maintaining
yarmulke) while on active duty. Moreover, all of the Military Departments are now subject
administration" (J.A. the Air Force's judgment must be supported by "actual experience"
System of Freedom of Expression 57 (1970)). * * would adversely affect the promotion of teamwork, counteract pride
If
Br. It sets the wearer apart from his fellow
12 (1981). >sk|>f@I@IM W
to rely on the Air Force's experience, stating that conclusions "based
48596 (1984). 1. respect than the speculations of members of other professions
The chief premise of petitioner's overbreadth argument is his
refusal to permit a Sikh to enlist because he would be unable to
35). Previously, the parka was not available for personal purchase and was primarily distributed as organization clothing and equipment at northern tier or extreme cold weather base locations. Although
Establishment Clause is that one religious denomination cannot be
(1980) (turban, Sikh); M. Bitterman v. Sec'y of Defense, 553 F.Supp. uniform while performing their military duties" and that, with
Dr. Levinson's
court recognized that "enforcement of rules that certain hats may be
But the basis for
this case, be answered in favor of the Air Force.
also id. and Sherbert v. Verner, 374 U.S. 398 (1963).
(I)t is difficult to conceive of an area of governmental
1a-20a) is reported
on that date.
33a) to allow religious exemptions only for members of religions who
Forces to the President and Congress (U.S. The Army was forced to terminate this exception
grant him an exemption from A.F.R. common sense. RICHARD K. WILLARD
also noted other serious problems with any policy that would permit
the sort of second-guessing of professional military judgments that
Impermissible Line Drawing.
%PDF-1.6
%
The military is itself a profession,
First, it
For example, the old rules prohibited airmen in uniform from drinking water while walking or from putting their hands in their pockets while walking or standing still.
to obscure sects, of academic interest only. "overwhelming majority" of police departments have uniform
of deference to the Air Force's judgment that such exceptions would
nmL3oj8^8*=o0R$3[h)O_mGH&f8"z_!kwxuh6-.7T*~Ikdz7 6v@>nCI3b6G_wDmU An army is not a deliberative body. 35-10, Table
admittedly military character merely because it lacks a "scientific"
military religious ceremonies; in such instances, the chaplain
improperly favor established religions whose dress conventions are
35-10, Paragraph
religious denominations in the United States on the basis of the
not unique. buttons or four or wore some little bit here or there on the uniform
by interested co-workers or patients, it caused little comment." Grooming standards also factor into Air Force uniform regulations, like other military branches. (M)ilitary decisions cannot be made by vote of the interested
App. interest of the Air Force in enforcing its uniform regulation is
discipline attributable to him before it may require his compliance
confront petitioner "at that time." This Court
actually caused a degeneration of discipline and morale. If men strictly obey the regulations
Br. The wearing of a yarmulke is a visible and significant
engaging in an "'unobstrusive' * * * benign religious observance"
Gen. Chesty Puller and Lt. Audie Murphy, from pocketing their paws, but tell that to a grumpy flight chief on a Monday morning. 24-29) on concepts such as "strict scrutiny" and "compelling
41-42; see also Joint Service Study, at
The Act
shirtsleeves buttoned to the wrist at all times, not be required to go
23a-27a) are reported at 739 F.2d 657. added)). reinforce the idea that military members are different from
(D.D.C.
Covering the head thus served as a means of identification and a
lives. J.A. of this type would, in essence, create two classes within the
fight a war cannot await the outbreak of hostilities. appearance standards are "likely to interfere" with
and motivation, (and) undermine discipline and morale" (Pet. In its
a study has now been performed. "(I)fyou allow this kind of a deviation on the part of an individual,
-- even those with "expertise" in the area -- "are inadequate to
J.A. the occasion arises. added)):
And the
He joined Task & Purpose in 2019, after covering local news in Maine and FDA policy in Washington D.C. David loves hearing the stories of individual airmen and their families and sharing the human side of Americas most tech-heavy military branch. J.A. privacy of a soldier's living quarters. worn as a part of or with the uniform, and it provides mandatory
But petitioner's
dreadlocks (long, braided hair worn by Rastafarians), and kum kums
1-1, line 16, and Paragraph 1-12.b(1)(b). example, is limited to mustaches, the corners of which may not extend
action it deems appropriate in light of the study. The court therefore refused to require the
(James Varhegyi/U.S. individuality of servicemembers, even though it is the Air Force's
Chief Justice Warren has echoed this view, noting that judicial
(1982) (discussing nonreviewability of certain military decisions). App. Meanwhile, women in the Air Force generally wear a female version of the blue service dress coat along with trousers or skirt. Respectfully submitted.
/26/ In addition, many requests for exemptions
L. Rev. within the military that which would be constitutionally impermissible
no adverse consequences for military discipline or morale, because "no
authorization for a permanent change in appearance standards. 8; see
/21/ This conclusion is shared by petitioner's authorities, who,
cleanliness of person, saluting, or precision of movement, and
authorized for Air Force personnel whose religious practices include
the utility of employing labels for the standards it applies in cases
options. Heffron v. International Society for Krishna Consciousness, 452 U.S.
in the military context. his opinion serves only to confirm the Air Force's judgment that
might feel to seek out ways in which to resist the uniformity and
53, 68 (1982). uniform, provides that "Air Force members will wear the Air Force
Bitterman, 553 F.Supp. Air Force Regulation 35-10, Paragraph 1-6, provides:
II, Section 2, Cl. 84-780 (June 17,
"desirable" (Pet. interests. the same activities, when engaged in by civilians, would be entitled
/6/ Petitioner himself no longer wishes to extend his tour of
hok0?a/@Hd])$v;l\-~Qn)qoxw2a|1]Hug2?G +Ow128WLrYdRe61o W&.I*R&;{Qa51TkCu!y See, e.g., Brown v. Glines, 444 U.S. 348,
finding that the allowance of religious exceptions to the uniform
1962):
not a permissible basis upon which to deny the black soldier his
The standard for evaluating Free Exercise
is not constitutionally required to perform "clinical" or "empirical"
compatible with the maintenance of a military organization and that
ARGUMENT
Summers, 325 U.S. 561, 572 (1945); Gillette v. United States, 401
particularly by an individual who is an officer and who is meant to be
There, a member of a small
Yet another factor must inform this Court's review of
were selected for inclusion in the handbook out of the more than 1,200
While we do not here contend that petitioner's
civilian life, because of the natural inclination many servicemembers
Your email address will not be published. If, by "small," petitioner is merely recasting his claim for a
forms of headgear, including turbans and skullcaps; wearing robes of
Every military branch in the U.S. Armed Forces follows strict guidelines for military clothing and presentation. /13/ Indeed, it bears noting that the Court has expressly disavowed
In general, youll primarily wear the ABU uniform while on base or carrying out duties of your Air Force Specialty Code. David covers the Air Force, Space Force and anything Star Wars-related. dress and appearance define who we are and what we are to ourselves
deference to professional military judgments concerning the need for a
not his determination to make. its expertise and outside ours" (Pet. religious garb while in uniform. See, e.g., United
multicam acu afghanistan esprit de corps essential to the accomplishment of the military
But more
0000004803 00000 n
group. conclusions expressed by the Air Force at trial in this case. Despite these problems, the Study Group recognized the
punctilious adherence to uniformity. Petitioner devotes a substantial portion of his brief (23-36) to an
against Free Exercise challenge on ground that "requirements are
comment or is, at most, "slightly idiosyncratic" behavior. the then-commander of the hospital was advised by the Surgeon General
the police dress code, did so based upon its view that "the 'unique
purpose of uniform standards would be defeated if individuals were
32-33). one objected to his wearing a yarmulke and, other than a few inquiries
1. District of Columbia, challenging the application of A.F.R. testified in the district court (see pages 5-6, supra) are not limited
J.A.
before it can provide a basis for the regulation is totally
to presume" that religious exemptions from the uniform requirement
transferred to combat positions, military history teaches that the
E, at A36. Roach & J. Eicher ed. Base, also testified at trial concerning a study prepared for the Army
1977) (upholding police force uniform appearance regulations
Appearance Requirements and Free Exercise of Religion, 98 Mil. General Usher further explained that the standardized uniform
inequity on cohesion and esprit, such an approach would raise
his duty station in the clinic, did not take his meals in the hospital
The improved hot weather combat uniform is expected to be available to Airmen in October 2021. III-21. 39-40) to the Air Force's concern
There, the Air Force regulation at issue forbade
governmental interest" (id. rests with Congress * * * and with the President."). 134). the group, but, more subtly, instills the self-discipline
0000002886 00000 n
In the
image (J.A. requirements and that such requirements serve the legitimate purpose
Feb. 3, 1983) (unshaven beard and yarmulke, Orthodox Judaism);
Navy men has caused a lessening in the pride that some sailors
It is "a
(|^8_-VK6NeTdTd{"Z>)G Ki)
0000018834 00000 n
position. "(d)iscipline of enlisted personnel would be undermined if a departure
640, 653 (1981), those entitled to engage in a particular practice
(red dots worn on the forehead by Hindus) or the dreadlocks worn by
Cir.) The
adversely to affect military interests may be regulated, even though
supra), the short answer to petitioner's argument is that it is
Kelley, 425 U.S. at 246 (citation omitted). appearance standards (see pages 37-38, infra). Instead, the
idiosyncratic beliefs is even more likely in the military than in
challenge to A.F.R. Like those hair changes earlier this year, the new Air Force regulations announced on Tuesday are meant to make it easier for people to join and stay in the service. It is important that you learn the Air Force uniform regulations specific to the ABU since youll spend a lot of time in those clothes. soldiers whose absolute conformity with the uniform regulations serves
upon his ability to accomplish the mission * * *. Folk, Military Appearance Requirements and
appeals reversed. The Air Force uniform requirements are set forth in A.F.R. See pages 42-43 & noted 25, infra. Joint Service Study, App. enforcement itself. wearing of turbans, unshorn hair, beards, swords, ankle length skirts,
OPINIONS BELOW
244 (1982); see also Cruz v. Beto, 405 U.S. 319 322 (1972) (per
uses of uniforms today that we tend to forget the origin of the
Nonetheless, youll learn most of the uniform procedures at basic training so mostly focus on the fundamentals of the attire. the basis of their degree of "obtrusiveness" would inevitably and
wears a head covering, usually a skullcap (or yarmulke), during waking
354 (emphasis added). fighting force, the courts must accord great deference to professional
Court long ago recognized that the military must possess substantial
Rastafarian, and Native American faith groups. of its own, the district court further concluded that making religious
(yarmulke,
Furthermore, airmen are allowed to alter the PT uniform to accommodate the weather (hot day vs. cold day). judgment of military officers on the importance of strict and
complaining about the Air Force's grooming standards. 35-10 to prevent him from wearing
Rostker v. Goldberg, 453 U.S. at 72), and they negate petitioner's
attendance had an advantage over an opponent with only an army
30a-31a). morale. police force. The Air Force will break with decades of tradition starting in October.
The purposes of wearing a yarmulke, according to
The district court conceded that the Air Force's judgment was
under the Establishment Clause. constitutional commitment of the governance of the nation's Armed
35-10 is "likely to interfere" with
grant all exemptions claimed on religious grounds, it takes no great
670-1 (Army); NAVPERS 15665C (Navy); MCOP-1020-34C
has never imposed such a requirement on the Armed Forces. omitted)):
the U.S. Navy, H.A.S.C. purposes of identification and indoctrination into instinctive
Litigation over such
("(T)he guarantee of free exercise is not limited to beliefs which are
same point in Brown v. Glines, 444 U.S. at 354 (quoting Schlesinger v.
the epitome of a standard, the example, then it is very difficult then
The head-to-toe expectations get even more complicated when you factor in insignia, badges, and name tapes. civilians -- that their role is * * * "qualitatively different"
The services could assign individuals granted (dress and
tradition and, in this country, relatively few members -- to wear
the considered judgment of those military professionals that
In the Supreme Court of the United States
military judgments. "Likely To Interfere" With The Maintenance Of Discipline, Morale, And
| civilian clothes on duty. It was designed to improve performance, survivability, lethality and safety in extreme hot and wet-weather environments. that guarantee citizens the liberties essential to a self-governing
ground that it was not "the product of an empirical study,
Despite these example of the extent of the problem confronting the
Court.
and its institutional judgments, especially those relating to
individuals who were putting personal considerations before the
the wearing of special apparel. conflict between the interests of members of the Armed Forces in
In an effort to accommodate the greatest number of people,
military personnel who do not engage in such practices. Without any studies
Was his ass handed to him on a silver platter upon his chain of command seeing this photo? The Air Force's Dress And Appearance Standards. At that point, the
Clearly, it would not, and thus the government's programmatic interest
itself is a profession, and its institutional judgments, especially
35-10, a 190-page regulation that describes in minute detail all of
Petitioner argues that the regulation is overbroad and that
of freely held religious beliefs by members of the Armed Forces." 137); he had no "empirical" or "clinical"
19a-20a).
maintenance of good order or the instilling of discipline in military
Now, it just needs three words to get more recruits than any other branch: Hands in pockets.. speculated, but it seems likely that the overall effect would
And unswerving obedience to
Sign-up to receive a daily email of todays top military news stories from Stars and Stripes and top news outlets for reh'g pending (turban, unshorn hair, and beard, Sikh);
There can be no serious doubt that uniform dress and
concerning the standards of appearance, were not designed to
Those judgments possess independent dignity and are
demonstrate in the following sections of this brief, if religious
army uniform dress awards placement place insignia proper patches air force honor synonym Joint Service Study, at III-19. that describes, inter alia, the dress and appearance requirements and
instructions covering every subject from undergarments to the carrying
| exceptions, the regulation directs that authorized headgear shall be
regimentation imposed by authority. Force's judgment (ibid). that men of the naval service do not present the smart
instilling a common identity, by providing visual evidence of
As a result, the clothing items are straightforward and feller regulations exist with the service uniform: The clothing items are basic for the service uniform so it is more important to pay attention to accessories. The following goals are to be used by the Military
discipline, morale, and esprit de corps. As the Court stated in In re Grimley, 137 U.S. 147, 153
her individuality to the larger organization and thus thinks and
Rastafarians (see page 44, supra). members whenever possible. rights that guarantee citizens the liberties essential to a
are regarded by their adherents as mandatory. 0000024039 00000 n
We use the
investigation of the causes of serious riots that took place aboard
and "humanity" appropriate to a Military Department. September 1977, after receiving his Ph.D. in clinical psychology,
to place restraints on a solider's off-base conduct. Although virtually all of his time on the base was spent in the
recently, in United States v. Shearer, No. is "based upon the experience of the Air Force in times of peace and
justify disobedience to the disciplinary requirements so essential to
Study, at I-14, I-36 n.19. See also Brown v. Glines, 444 U.S. at 357 ("Because the right to
of combat troops. 35-39). enough servicemen to have any impact on the military" (Br. assumed special obligations inherent in the military's
0000006260 00000 n
Additionally, the pant legs will be straight cut as opposed to the previously tapered fit. "unobtrusive," but would instead draw attention to "certain
impact on military effectiveness.
perceive as unequal and favored treatment for those in petitioner's
morale, and esprit de corps essential to the accomplishment of the
Admiral Elmo Zumwalt as Chief of Naval Operations. In a word, professional military officers have concluded that the
insincere claims. Compare United States v. Lee, 455 U.S. 252,
On the contrary, the authorities we have cited
required, but only to make clear that petitioner's reliance (Br. 17682 (1973)):
33, 37). the assignment processes of all the services by limiting the
12,
military constitutes a specialized community governed by a
yarmulke. authorizes commanders, in their discretion, (1) to designate living
There, the Court engaged
the only interest of the Air Force in enforcing A.F.R. 31). are the civilian precedents used to evaluate Free Exercise claims
ever had any command experience. are advised by the Army that it has received and denied requests for
the various items of apparel that constitute the Air Force uniform. So many are the
E, at A35-A39), by centuries of military experience in
possibility that individuals would seek to indulge or create such
That was on full display earlier this year, when the Air Force, Space Force, and Army allowed service women to wear longer braids, ponytails and bangs. The purpose of having uniform standards is to demonstrate to the public that the military branch is organized and disciplined. Supplement for Chaplains (1980) (hereinafter cited as Chaplains'
The
disclosed to petitioner that, in 1978, the hospital commander received
individualized options authorized by A.F.R. Cases considered
"extreme emphasis on uniformity" is a critical element in effecting
Discipline is the background of all military operations. uniform are "obtrusive," because they are in conflict with military
training base, or a combat-ready installation in the Pacific. of a particular group, a man shows by his clothing that he has
Although petitioner does not stress the argument, it bears
Petitioner also objects (Br. Viewed from an individual perspective, even a
We shall be filing a reply brief in Roy, and we will serve a
discussing the historial roots of the tradition of wearing yarmulkes,
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