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Opinions

Majority Opinion Author

Samuel Alito

SUPREME COURT OF THE UNITED STATES

Syllabus

HOLT, AKA MUHAMMAD v. HOBBS, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION, ET AL. 

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

No. 13–6827. Argued October 7, 2014—Decided January 20, 2015

Section 3 of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) provides that “[n]o government shall impose a substantial burden on the religious exercise” of an institutionalized person unless the government demonstrates that the burden “is the least restrictive means of furthering [a] compelling governmental interest.” 42 U. S. C. §2000cc–1(a).

Petitioner is an Arkansas inmate and devout Muslim who wishes to grow a œ-inch beard in accordance with his religious beliefs. Respondent Arkansas Department of Correction (Department) prohibits its prisoners from growing beards, with the single exception that inmates with diagnosed skin conditions may grow ÂŒ-inch beards. Petitioner sought an exemption on religious grounds and, although he believes that his faith requires him not to trim his beard at all, he proposed a compromise under which he would be allowed to maintain a œ-inch beard. Prison officials denied his request, and petitioner sued in Federal District Court. At an evidentiary hearing before a Magistrate Judge, Department witnesses testified that beards compromised prison safety because they could be used to hide contraband and because an inmate could quickly shave his beard to disguise his identity. The Magistrate Judge recommended dismissing petitioner’s complaint, emphasizing that prison officials are entitled to deference on security matters and that the prison permitted petitioner to exercise his religion in other ways. The District Court adopted the recommendation in full, and the Eighth Circuit affirmed, holding that the Department had satisfied its burden of showing that the grooming policy was the least restrictive means of furthering its compelling security interests, and reiterating that courts should defer to prison officials on matters of security.

Held: The Department’s grooming policy violates RLUIPA insofar as it prevents petitioner from growing a œ-inch beard in accordance with his religious beliefs. Pp. 6–16.

(a) Under RLUIPA, the challenging party bears the initial burden of proving that his religious exercise is grounded in a sincerely held religious belief, see Burwell v. Hobby Lobby Stores, Inc., 573 U. S. ___, ___, n. 28, and that the government’s action substantially burdens his religious exercise. Here, petitioner’s sincerity is not in dispute, and he easily satisfies the second obligation. The Department’s policy forces him to choose between “engag[ing] in conduct that seriously violates [his] religious belie[f],” id., at ___, or contravening the grooming policy and risking disciplinary action. In reaching the opposite conclusion, the District Court misunderstood the analysis that RLUIPA demands. First, the District Court erred by concluding that the grooming policy did not substantially burden petitioner’s religious exercise because he could practice his religion in other ways. Second, the District Court erroneously suggested that the burden on petitioner’s religious exercise was slight because petitioner testified that his religion would “credit” him for attempting to follow his religious beliefs, even if that attempt proved unsuccessful. RLUIPA, however, applies to religious exercise regardless of whether it is “compelled.” §2000cc–5(7)(A). Finally, the District Court improperly relied on petitioner’s testimony that not all Muslims believe that men must grow beards. Even if petitioner’s belief were idiosyncratic, RLUIPA’s guarantees are “not limited to beliefs which are shared by all of the members of a religious sect.” Thomas v. Review Bd. of Indiana Employment Security Div., 450 U.S. 707, 715–716. Pp. 6–8.

(b) Once the challenging party satisfies his burden, the burden shifts to the government to show that substantially burdening the religious exercise of the “particular claimant” is “the least restrictive means of furthering [a] compelling governmental interest.” Hobby Lobby, supra, at ___; §2000cc–1(a). The Department fails to show that enforcing its beard prohibition against petitioner furthers its compelling interests in preventing prisoners from hiding contraband and disguising their identities. Pp. 8–13.

(i) While the Department has a compelling interest in regulating contraband, its argument that this interest is compromised by allowing an inmate to grow a œ-inch beard is unavailing, especially given the difficulty of hiding contraband in such a short beard and the lack of a corresponding policy regulating the length of hair on the head. RLUIPA does not permit the unquestioning deference required to accept the Department’s assessment. See Gonzales v. O Centro EspĂ­rita Beneficente UniĂŁo do Vegetal, 546 U.S. 418, 434. Even if the Department could show that denying petitioner a œ-inch beard furthers its interest in rooting out contraband, it would still have to show that its policy is the least restrictive means of furthering that interest, a standard that is “exceptionally demanding” and requires the government to “sho[w] that it lacks other means of achieving its desired goal without imposing a substantial burden on the exercise of religion by the objecting part[y].” Hobby Lobby, supra, at ___. Here, the Department fails to establish that its security concerns cannot be satisfied by simply searching a œ-inch beard. Pp. 9–11.

(ii) Even if the Department’s grooming policy furthers its compelling interest in prisoner identification, its policy still violates RLUIPA as applied in the present circumstances. As petitioner argues, re-quiring inmates to be photographed both with and without beards and then periodically thereafter is a less restrictive means of solving the Department’s identification concerns. The Department fails to show why its prison system is so different from the many institutions that allow facial hair that the dual-photo method cannot be employed at its institutions. It also fails to show why the security risk presented by a prisoner shaving a œ-inch beard is so different from the risk of a prisoner shaving a mustache, head hair, or ÂŒ-inch beard. Pp. 11–13.

(c) In addition to the Department’s failure to prove that petitioner’s proposed alternatives would not sufficiently serve its security interests, the Department also fails to adequately explain the substantial underinclusiveness of its policy, since it permits ÂŒ-inch beards for prisoners with medical conditions and more than œ inch of hair on the head. Its failure to pursue its proffered objectives with regard to such “analogous nonreligious conduct” suggests that its interests “could be achieved by narrower ordinances that burdened religion to a far lesser degree.” Church of Lukumi Babalu Aye, Inc. v. Hialeah, 508 U.S. 520, 546. Nor does the Department explain why the vast majority of States and the Federal Government can permit inmates to grow œ-inch beards, either for any reason or for religious reasons, but it cannot. Such evidence requires a prison, at a minimum, to offer persuasive reasons why it believes it must take a different course. See Procunier v. Martinez, 416 U.S. 396, 414, n. 14. Pp. 13–16.

509 Fed. Appx. 561, reversed and remanded.

Alito, J., delivered the opinion for a unanimous Court. Ginsburg, J., filed a concurring opinion, in which Sotomayor, J., joined. Sotomayor, J., filed a concurring opinion.


SUPREME COURT OF THE UNITED STATES

_________________

No. 13–6827

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GREGORY HOUSTON HOLT, aka ABDUL MAALIK MUHAMMAD, PETITIONER v. RAY HOBBS, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION, et al.

on writ of certiorari to the united states court of appeals for the eighth circuit

[January 20, 2015]

Justice Ginsburg, with whom Justice Sotomayor joins, concurring.

Unlike the exemption this Court approved in Burwell v. Hobby Lobby Stores, Inc., 573 U. S. ___ (2014), accommodating petitioner’s religious belief in this case would not detrimentally affect others who do not share petitioner’s belief. See id., at ___, ___–___, and n. 8, ___ (slip op., at 2, 7–8, and n. 8, 27) (Ginsburg, J., dissenting). On that understanding, I join the Court’s opinion.

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