The opinion of the court was delivered by: Bauer, District Judge.
MEMORANDUM OPINION AND ORDER
This cause comes on the plaintiffs' motion for a preliminary
This is a civil action for damages, preliminary and
permanent injunctive relief, and declaratory judgment.
Plaintiffs, members of the Marine Air Reserves, assigned to
the Naval Air Station,
Glenview, Illinois, and to Waukeegan, Illinois, request that
defendants be enjoined from enforcing Marine Corp orders,
regulations and/or policies which prohibit reservists from
wearing wigs to cover long hair while attending monthly drills
and annual training. Plaintiffs also request that the
challenged orders, regulations and/or policies be declared to
be in excess of the defendants' statutory authority and
unconstitutional. Finally, the plaintiffs seek damages and the
cost of maintaining the instant action.
The jurisdiction of this Court is invoked pursuant to
28 U.S.C. § 1331, 1346(a)(2), 2201 and 2202. The amount in
controversy exceeds the sum of $10,000 exclusive of interest
It is the opinion of this Court after carefully examining
the pleadings and relevant case law, and weighing the
testimony and exhibits presented at a hearing on this cause
that a preliminary injunction should be granted against the
defendants in order to protect the putative rights and
military status of the named plaintiffs until this Court
decides the issues in question. There is a two-fold basis for
First, there is a trend in recent cases which would seem to
support the proposition advocated by the plaintiffs. Insofar
as members of the Armed Forces Reserves are concerned who
under their service contracts are allowed to work and live in
civilian society for the vast majority of the time, the right
to wear their hair as they please is not so trivial as to be
denied without sufficient service connected reasons.*fn* See
Clayton Miller et al. v. Captain Carl Ackerman et al.,
488 F.2d 920 (8th Cir. decided Dec. 19, 1973); Friedman v.
Foehlke, 470 F.2d 1351 (1st Cir. 1972); Harris v. Kaine,
352 F. Supp. 769 (S.D.N.Y. 1972); cf. Anderson v. Laird,
437 F.2d 912 (7th Cir. 1971).
Second, the United States Army in a recent change to Army
Regulation 600-20 (Chapter 5) granted to Army Reservists
exactly what these Marine Reservists seek. The conflicting
policy between branches of military service concerning the
grooming of reservists might well involve constitutional
problems of equal protection and due process.
The plaintiffs' motion for a preliminary injunction is
granted. Accordingly, it is hereby ordered that until the
issues of the instant action are resolved the defendants and
their agents, servants and employees are enjoined from
enforcing any regulation, orders and/or policies of the United
States Marine Corps which prohibits the named plaintiffs while
attending monthly drills and ...