This week, the Coast Guard's Uniform Board will meet in Washington. On its agenda, according to today's New York Times, is the issue of whether it will relax its restrictions on wearing of religious head coverings with Coast Guard Uniforms. The Times article recounts the problems faced by Jack Rosenberg, a Hasidic Jew who is a certified pilot and has enlisted in the Coast Guard. While his skullcap is concealed by his uniform hat worn outdoors, wearing his skullcap indoors would violate the Coast Guard General Uniform Policy (Sec. 2.A.1.) requiring that religious items must be concealed or worn only during religious services.
The other military services have a different rule. Back in 1986, in the case of Goldman v. Weinberger, the U.S. Supreme Court upheld Air Force regulations that prohibited an Orthodox Jewish Air Force officer from wearing his yarmulke indoors. However, Congress quickly responded and in 1987 enacted 10 USC 774 that permits members of the armed forces to wear "neat and conservative" items of religious apparel with their uniforms so long as the item does not interfere with performance of military duties. The Department of Defense promulgated regulations consistent with the provision. Department of Defense Directive DODD-1300.17 (Feb. 3, 1988). Since the Coast guard is under the Department of Homeland Security rather than the Department of Defense, DOD directives apparently do not apply to it, even though it would seem that 10 USC 774 also applies to the Coast Guard. 10 USC 101 defines "armed forces" for purposes of Title 10 to include the Coast Guard.
