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ONE MILLION FOR ISRAEL — Leaders of the Jewish National Fund proudly hold aloft a four-
foot-wide check in the amount of $1 million, representing the first installment of a $10 million goal to
support afforestation and land reclamation projects in Israel. The check was presented at a recent all-day
conference of the JNF in New York City. Participating in the ceremonies are (left to right): Dr. Samuel I.
Cohen, JNF executive vice president; Moshe Rivlin, world chairman of the Keren Kayemet L’lsrael
(JNF); Mrs. Charlotte Jacobson, JNF treasurer, and Rabbi Joseph P. Sternstein, JNF president. Seated
is Mrs. Rose Goldman, JNF secretary.
High court upholds military ban
on rabbi’s wearing of yarmulke
by Joseph Polakoff
I Sl\ Washington correspondent
WASHINGTON—The U.S.
Supreme Court in two five-four
decisions ruled the Air Force
properly prohibited an Orthodox
rabbi from wearing a yarmulke
while in the service and in effect
held that a student religious group
could meet during student activity
periods in public schools.
The majority opinion held that
the Air Force did not violate the
constitutional rights of former
Capt. Simcha Goldman, who was
a clinical psychologist at March
Air Force Base in Riverside, Calif,
until 1981. He is now on inactive
reserve with the Air Force.
Writing for the majority, which
appeared to give the armed servi
ces full authority to prohibit mil
itary personnel from wearing reli
gious garments, Justice William
Rehnquist held that “to accomp
lish its mission the military must
foster instinctive obedience, unity,
commitment and esprit de corps.
The desirability of dress regula
tions in the military is decided by
the appropriate military officials
and they are under no constitu
tional mandate to abandon their
considered professional judg
ment.”
Justice William Brennan, who
dissented from the majority opin
ion, said the Air Force “failed utter
ly to furnish a creditable explana
tion” why Goldman could not wear
“neat and conservative yarmul-
kes.” Brennan, who was joined in
the minority by Justices Thurgood
Marshall, Harry Blackmun and
Sandra Day O’Connor, held “We
cannot distort the Constitution to
approve all that the military may
deem expedient.
“The Court and the military ser
vice,” Brennan wrote, “have pres
ented patriotic, Orthodox Jews
with a painful dilemma—t he choice
between fulfilling a religious obliga
tion and serving their country.
Should the draft be reinstated,
compulsion will replace choice.”
Goldman, a Navy chaplain from
1970 to 1972, was assigned to
March Air Force Hospital in 1977.
At the hospital he wore a yarmulke
without incident until 1981 when
he appeared as a defense witness in
a court martial unrelated to his use
of the traditional Jewish cap. A
prosecution lawyer complained a-
bout his attire. The hospital com
mandant later ordered him not to
wear the yarmulke at the hospital
and withdrew his earlier recom
mendation that Goldman extend
active service in the Air Force.
A federal judge ruled that the
Air Force violated Goldman’s
rights, but a federal appeals tribu
nal overturned his decision. The
Reagan administration asked the
Supreme court not to deal with the
higher court’s decision since the
Pentagon was engaged in deciding
whether to allow some exceptions
to the military dress rules. The
Pentagon study had been ordered
by Congress.
Chief Justice Warren Burger
and Associate Justices John Paul
Stevens, Byron White and Lewis
Powell joined with Rehnquist. The
dissents were by Justices William
Brennan, Thurgood Marshall, Harry
Blackmun and Sandra Day O’Con
nor.
In the religious issue arising at
the high school in Williamsport,
Pa., the majority decided against
ruling on the merits of the case
because a former Williamsport
school board member, John Young-
man, lacked legal standing to take
the issue to the U.S. Court of
Appeals which had overturned a
federal district court judge’s ruling
for the Christian student religious
group called Petros. The group
asked in 1981 to meet to read and
discuss the Bible and say prayers
during the half-hour period that
the school had set for two morn
ings a week for student clubs.
When the students won their case
in federal court, the school board
was prepared to drop the case but
Youngman appealed to the U.S.
Third Circuit Court of Ap
peals which prohibited the meet
ings July 24, 1984.
While the Supreme Court deci
sion did not establish national
precedence on the prayer in school
issue, its ruling appeared to rein
state the district court decision
allowing the student religious
group to meet in school at times of
designated student activities. Jus
tice Stevens wrote the majority
opinion. He was joined by Bren
nan, Marshall, Blackmun and
O’Connor on the technical aspects
involved. The dissenters were Bur
ger, White, Rehnquist and Powell.
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Under Strict Orthodox Rabbinical Supervision
PAGE 3 THE SOUTHERN ISRAELITE March 28, 1986