Joel Katcoff and Allen M. Wieder v. John O. Marsh, Jr., Secretary of the Army, the Department of the Army, and the Department of Defense

MANSFIELD, Circuit Judge,

This appeal raises the questi0n of whether Congress and the United States Army (“Army”), in furnishing chaplains as part of our arme(j forces to enable soldiers to practice the religions of their choice, violate the Constitution. We hold that, except in a tew respects that require further consider-a^’on, they do not.

Appellants, two practicing attorneys who were Harvard Law School students when they commenced the action, appeal from an *225order of the Eastern District of New York, Joseph M. McLaughlin, Judge, granting summary judgment dismissing their complaint, which…