Beard ban cut: religious freedom win.

AuthorRoot, Damon
PositionCitings - Brief article

In January, the U.S. Supreme Court struck a unanimous blow for religious liberty when it overturned an Arkansas Department of Corrections policy that prevented a Muslim inmate from growing a half-inch beard in accordance with his religious views. Per Justice Samuel Alito's majority opinion in Holt v. Hobbs, the prison's no-beard rule imposed a substantial burden on the prisoner's religious freedom. To pass muster, the policy needed to offer "the least restrictive means" of advancing the prison's legitimate interests in safety and order.

"An item of contraband would have to be very small indeed to be concealed by a 1/2-inch beard," Alito observed. "Since the Department does not demand that inmates have shaved heads or short crew cuts, it is hard to see why...

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