An Orthodox Jewish rabbi from Brooklyn sued the U.S. Army Wednesday for denying him a commission to serve as an Army chaplain because his faith prohibits him from shaving his beard.
Menachem M. Stern of the Chabad-Luvabitch community, a Hasidic group in Brooklyn, alleges in federal court in the District that the Army at first approved his application to serve as chaplain in June 2009 and appointed him a reserve commissioned officer (first lieutenant), before rescinding the appointment that September citing the Army’s “no-beard” regulation.
Stern’s attorneys, Nathan and Alyza D. Lewin of the District, say that since then, the Army has granted a waiver to two Sikh captains and an enlisted man, who were permitted to wear a turban and beard in uniform, and an unnamed, bearded Muslim officer who has served as a surgical intern at Walter Reed Army Medical Center.
Stern says 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 federal courts in 1976 barred the Air Force from enforcing its beard ban against an Orthodox Jewish chaplain, his suit added.
A spokesman for the Army did not immediately return a telephone call for comment Wednesday afternoon.
Sens. Charles E. Schumer (D-N.Y.), Kirstin Gillibrand (D-N.Y.) and Joseph I. Lieberman (I-Conn.) wrote Army Secretary John McHugh about Stern’s case, the suit said, and were told that current Army grooming standards do not allow beards.
(Source: Washington Post)
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8 Responses
The Army doesn’t owe a commission to anyone (except possibly military academy graduates) so he can’t complain that he’s being discriminated against because he’s not following regulations.
On the other hand, if the Army has handed out exemptions to others on religious grounds, then I believe that, all other things being equal, the Army should show solid reasons why an exemption cannot be granted here. If they cannot, then a waiver should be granted.
The Wolf
Why do people have to push themselves where they are not wanted? People should not forget that we are living in golus.
Stern is right, but the courts never interfere with things like this so he will lose his suit. In any case it is hard for him to argue this as a religious discrimination issue as there are Orthodox Jewish chaplains who are clean shaven.
To my right wing friends here: Note that McHugh is a Republican.
I think there is an important point that must be stressed. HE IS A CHAPLAIN! It’s not like he is part of the bomb squad and the beard rule is a safety issue. He is there to make seders and yom kippur for soldiers. The Army is under the constitution obviously there are common sense exceptions like free speech if a private disagrees openly with military policy etc. But if someone who is there to serve members of a religion and wants to follow his religion…that is an open and shut matter of Freedom of Religion…and it should be argued about by all religionists because it does set a precedent in nonmilitary ways too (as opposed to as I said before a uniquely military situation relating to safety).
DQB
to MHY:
If we Jews only went where we were wanted, we would be living under the ocean or on the moon.
If it could help yidden in the military by having him serve, then why not? I think it’s admirable that he wants to serve. I agree that the military should have a very strict dress code, but this is a chaplain, not an infantryman. (And don’t forget that only 120 years ago it was almost universal for officers in the US military to have beards). But sof kol sof, I don’t see how the military can legally discriminate against him by allowing exceptions for religious reasons to other people but not him.
It’s not so simple.
Daniel – Chaplains do more than make seders, they visit soldiers in war zones.
See the comments at the Washington Post article (link at end of story above) for some more insight and how people from the umos haolam out there are reacting.
kosherkid – Not true, if you study history, Yidden have been invited to different places. If you act properly, you tend to get better treatment. We are in golus, there are limits, we have to realize that and know our place.
It’s not just the beard; the Army knows that for Chabad it doesn’t stop there. Next, the Chabad guys are going to want to wear their shirts outside their pants because that’s what they do in Crown Heights. And then they will not eat the Satmer hashgacha meat and will insist on Chabad meat. And then they will sue to have a large menorah on the base grounds next to the xmas tree, etc., etc.