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- Title
LET MY PEOPLE GROW: PUTTING A NUMBER ON STRICT SCRUTINY IN THE WAKE OF HOLT V. HOBBS.
- Authors
Schwartzenfeld, Dana Anne
- Abstract
Beards have always played an important role in human society, especially in the religious context. One man's beard even got him in front of the United States Supreme Court. In Holt v. Hobbs, the Court decided that a prisoner had a constitutional right to grow a one-half-inch beard for religious purposes. In making the decision, the Court made clear that the prisoner's religious interest far outweighed any security threat that such a short beard could pose to the prison. The Court declined to go any further, however, in clarifying the beard length at which the scales would begin to tip in favor of the prison's security interests. Is a one-inch-long beard permissible? What about two? This Note makes the case that this decision has left confusion among state legislatures, lower courts, and prison officials. It analyses possible solutions the Court could adopt, which include a case-by-case method, a categorical method, and a bright line rule method. It then argues that a bright line rule for permissible religious beard length should be adopted in order to avoid confusion among lower courts in the wake of this decision. It also examines the broader implications of drawing arbitrary lines to govern matters of fundamental rights that receive strict scrutiny analysis.
- Subjects
UNITED States; HOLT v. Hobbs (Supreme Court case); JUDICIAL review; BEARDS in religion; PRISONERS' rights; U.S. state legislatures; STATE courts; U.S. states; PRISONS; FREEDOM of religion; LAW; ACTIONS &; defenses (Law)
- Publication
Georgia Law Review, 2016, Vol 51, Issue 1, p297
- ISSN
0016-8300
- Publication type
Article