# Khalsa v. Weinberger

> Court of Appeals for the Ninth Circuit · May 7, 1985 · 759 F.2d 1411

URL: https://www.frixlaw.com/law-library/cases/8930001

## Case

- **Full name:** Guru Sant Singh KHALSA v. Casper WEINBERGER, Secretary of Defense John O. Marsh, Jr., Secretary of the Army in their official capacities, and United States of America
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** May 7, 1985
- **Citations:** 759 F.2d 1411
- **Precedential status:** Published
- **Opinion:** Concurrence by Boochever
- **Judges:** Beezer, Boochever
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8930001

## Opinion text

BOOCHEVER, Circuit Judge,
concurring:
I concur in the result because I agree that we are bound by the authorities cited in the opinion in our review of military decisions. Otherwise, I would be inclined to apply the same standard used by the Supreme Court to review congressional decision-making about the military, and determine whether the military, in exercising its discretion, properly examined alternatives to the regulations at issue in an effort to minimize the burden on the free exercise of religious beliefs. See Rostker v. Goldberg, 453 U.S. 57, 70-74 , 101 S.Ct. 2646, 2654-56 , 69 L.Ed.2d 478 (1981) (deferring to Congress’ “studied choice” not to draft worn- *1418 en); Schlesinger v. Ballard, 419 U.S. 498, 508-10 , 95 S.Ct. 572, 577-78 , 42 L.Ed.2d 610 (1975) (discussing legislative history as showing Congress’ rational basis for establishing different promotion requirements for men and women in the Navy).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8930001. Public record. Not legal advice.