The Second Circuit ruled that the Free Exercise Clause "obligates Congress, upon creating an Army, to make religion available to soldiers who have been moved to areas of the world where religion of their own denominations is not available to them."1 Twenty-two years earlier, Justice Potter Stewart wrote in dicta in his dissent for Abington School District v. Schempp, "Spending federal funds to employ chaplains for the armed forces might be said to violate the Establishment Clause