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6th Circuit OK's Exclusion of Religious Work From Military Post-Retirement Credit

By Howard M. Friedman

In ema href="http://www.au.org/site/DocServer/BowmanOp6thCir.pdf?docID=3561"Bowman v. United States/a,/em (6th Cir., Dec. 18, 2008), the U.S. 6th Circuit Court of Appeals rejected a claim by a retired Air Force sergeant that he was wrongly denied participation in a program that credited extra years toward military retirement benefits for post-separation public and community service. Linden Bowman sought credit in the program for service as a lay intern and a youth minister in a local church. Defense Department regulations allow credit for work with non-profit religious organization only if the work is unrelated to religious instruction, worship services or proselytizing. The court held that this provision is consistent with the Congressional statute authorizing the community service program. The court also held that the limitations did not infringe Bowman's free exercise rights and did not amount to religious discrimination. Applying a rational basis analysis to Bowman's equal protection challenge, the court held that Congress' limiting of the program to public service involving critical community needs passes the rational basis test.br /br /Americans United issued a a href="http://www.au.org/site/News2?abbr=pramp;page=NewsArticleamp;id=10197amp;security=1002amp;news_iv_ctrl=1241"release/a applauding the decision which affirmed the trial court. (See a href="http://religionclause.blogspot.com/2007/09/court-oks-religious-exclusion-in.html"prior posting/a).

Full post as published by Religion Clause on December 20, 2008 (boomark / email).