Prisoner Beards and Religious Freedom: Holt v. Hobbs - Podcast

The Supreme Court will rule on the religious liberty rights of prisoners in one of the first cases it will hear this term, Holt v. Hobbs. A Muslim prisoner incarcerated in an Arkansas state prison, Gregory Houston Holt (aka, Abdul Maalik Muhammed), is challenging a prison rule preventing him from growing a half inch beard, as his Islamic religious beliefs require. Mr. Holt is asserting his rights under the federal Religious Land Use and Institutionalized Persons Act (RLUIPA), which requires state authorities to justify a substantial burden on a prisoner’s exercise of religion with a compelling state interest, implemented in the least restrictive means. This is essentially the same standard found in the federal Religious Freedom Restoration Act, under which the Supreme Court ruled last June in favor of Hobby Lobby Stores and Conestoga Wood Specialties in their challenges to the HHS mandate on abortifacient contraceptives.

The Arkansas Department of Corrections limits prisoner beards to a quarter inch, and then only to help remedy medical conditions. Arkansas justifies the short-beard policy to prevent prisoners from smuggling contraband in their beards, and to prevent prisoners from easily altering their appearances after an escape.

How much deference must courts give to state prison officials, who need flexibility to deal with the complex circumstances of maintaining security in a prison environment? Our expert attended the oral arguments and offered his analysis of the case and its likely outcome.

• Jordan Lorence, Senior Counsel, Senior Vice President, Office of Strategic Initiatives, Alliance Defending Freedom