Federal Court Rules In Favor Of Sikh Army Captain

SGT (Join to see) - Why does society care so much about PC? A lack of a backbone will be their own undoing!

I don't know where or how it started SSG (Join to see). It's a bunch of crap used instead of how the person really feels.IMO

Here is what WIKI says.

https://en.m.wikipedia.org/wiki/Political_correctness

As a Man, former NCO and Soldier that PC crap makes me sick. Don't try to be everyones friend, like those that give kids on teams trophies for participating. Yay for them.....No, there are winners and losers, right and wrong. Stop trying to smooth everything over and make everyone happy. That just isn't the way things should work.

Especially Federal courts. I feel pretty sure PC played a roll in this.

The last thing this nation needs is a PC hamstrung military.

CPT T F What is the rule of law for the military? The answer the UCMJ. If you start making rules or letting courts that have NO understanding of the UCMJ make rules or relax rules for one person then it breaks all down. I'm hoping you can tell by the posts that we are being sarcastic. We know you still have to follow orders and the chain of command. Or all of us except this guy. He seems to be set aside based on religion. If his religion requires him to be in prayer or do something for holy time and he cant be deployed are we going to allow that also? Id think that answer is no. But this ruling has opened the door to a slippery slope.

I don't recall the courts being involved when a sailor missed ships movement or had rolling papers but no tobacco. Rolling papers and no Tobacco could get you restricted to the ship or brig time. The military doesn't allow freedom of speech or any of the other rights at certain times. I know you will come back and say that's not true. The if that's not true...type on social media while on active duty something bad about the President and we will see how well the constitution protects your rights to say that about him.

CPT T F - The UCMJ does however state that it is a failure to follow orders of those appointed over you. Art 92 states "ART. 92. FAILURE TO OBEY ORDER OR REGULATION Any person subject to this chapter who--
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties; shall be punished as a court-martial may direct.
A regulation is an order signed and posted by a senior officer...such as Army Regulation 670-1, Wear and Appearance of Army Uniforms and Insignia, dated 10 April 2015 that is signed by Gen Odierno stating by order of. The following excerpts spell it out and there is nothing in there about religious accommodations. Until it is changed, it is a valid order in the military justice system.
Para 1-5 "a. Portions of this regulation are punitive. Violation of the specific prohibitions and requirements of specific portions by Soldiers may result in adverse administrative action and/or charges under the provisions of the UCMJ." 3-1.d. "d. Portions of this chapter are punitive. Violation of the specific prohibitions and requirements set forth in this chapter may result in adverse administrative action and/or charges under the provision of the UCMJ."
Para 3-2. (a) "(a) Leaders will judge the appropriateness of a particular hairstyle by the guidance in this chapter and by the ability to wear all types of headgear (such as beret, patrol cap, or service cap/hat) and any protective equipment (such as protective mask or combat helmet) properly. Hairstyles (including bulk and length of hair) that do not allow Soldiers to wear any headgear properly, or that interfere with the proper wear of any protective equipment, are prohibited. Headgear will fit snugly and comfortably, without bulging or distortion from the intended shape of the headgear and without excessive gaps. Hairstyles that pose a health or safety hazard are not authorized." This headwear is a safety hazard...not singling anyone out, just reading the reg as an order.

Likely and can are two different things. The UCMJ stands on it's own and after the ruling it can be appealed higher. The federal courts might overrule it but it would be tied up in various courts for a very long time. The commanders on G-Series with the UCMJ have a lot of power. I.E., commanders making a ruling and review authority overruling previous judgments and teeing off senators and representatives but there is nothing they can do about it. Unfortunately there are lots of cases like that. UCMJ precedent is there I believe if they want to invoke it. Probably won't because JAGs would probably steer any commander away due to the hell it would raise but it is a possibility.