Air Force: Hats Off, Says the High Court

Simcha Goldman wore two hats, literally. As an Air Force captain, he wore a regulation uniform cap when outdoors. Once indoors, he would remove it and, as an Orthodox Jew required to keep his head covered at all times, would put on a small skullcap, or yarmulke. When his commander told him to doff the skullcap, Goldman sued, arguing that the order violated his right to exercise his religious beliefs.

Last week the Supreme Court ruled 5 to 4 that Orthodox servicemen like Goldman can be faithful to one hat only, upholding the military’s argument that strict enforcement of dress codes is necessary for discipline. In a strong dissent, Justice William Brennan wrote, “Patriotic Orthodox Jews (are now presented) with a painful dilemma–the choice between fulfilling a religious obligation and serving their country.” Goldman was a casualty of that dilemma: he retired from active duty in 1981, the year the suit began.