Religion & American Law

Hasidic Jews in the Military

The Army has recently settled in a suit that banned Rabbi Menachem Stern from being an army chaplain due to his Hasidic faith that prohibits him from shaving his beard, violating Army regulations restricting facial hair. In 2009, Stern received approval for a reserve commission slot in the Army but was later rejected due to the issues over his beard. This is not the first time the Army has faced a decision regarding a person’s religious duty and the strict standards of the military. Colonel Jacob Goldstein, also a bearded Chabad-Lubavitch rabbi was granted an exemption for his facial hair and has served in the US Army Reserves and the National Guard for the past 33 years. Two Sikh captains were also granted a religious exemption that allowed them to wear a turban and have a beard while in uniform. When Stern was not granted this same exemption he filed a federal lawsuit accusing the Army of violating his free exercise and equal protection rights. According to Stern, “The Army rules, which only apply on entering service and can be waived for those who cannot shave for medical reasons, are discriminatory and violate the Constitution, especially because waivers have been granted to Sikh and Muslim soldiers.” The settlement allows for Rabbi Stern to join the military, which currently has a shortage of Jewish chaplains.

In my opinion this case is clear. The Army cannot grant an exception to some based on their religion and then restrict others based on the same issue. Their decision to withdraw the commissioning of Stern blatantly infringes upon his free exercise and that is why they finally allowed him to serve. In my opinion they were correct in setting a precedent approving beards for religious reasons and there is no excuse for why that precedent was ignored. It is indeed a slippery slope when dealing with religious exemptions and once given, the institution in charge needs to be prepared to offer them to all religious groups.

About : Raja CRN

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