Legal Opinion

Katcoff v. Marsh

District Court, E.D. New York

Decided April 9, 1984No. 79 CV 2986PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

INTRODUCTION

Chaplains have been members of the United States Army since the Revolutionary War. Plaintiffs, who brought this action while they were still Harvard law students, have never served in the military. They sue to declare the Army Chaplaincy Program (the “Chaplaincy Program,” or the “Program”) unconstitutional on the ground that it runs afoul of the First Amendment’s command that Congress “shall make no law respecting the establishment of religion.” U.S. Const, amend. I.

There are some who might argue that this question is more the grist…

2Cases cited35 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. Marbury v. MadisonSupreme Court of the United States · 1803
  3. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  4. United States v. O'BrienSupreme Court of the United States · 1968
  5. Flast v. CohenSupreme Court of the United States · 1968

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3Cited by6 opinions

  1. Hansen v. Finn (In Re Curry & Sorensen, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
  2. Joel Katcoff and Allen M. Wieder v. John O. Marsh, Jr., Secretary of the Army, the Department of the Army, and the Department of DefenseCourt of Appeals for the Second Circuit · 1985
  3. Newdow v. EagenDistrict Court, District of Columbia · 2004
  4. Kurtz v. BakerDistrict Court, District of Columbia · 1986
  5. Kurtz v. KennickellDistrict Court, District of Columbia · 1985

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