Judging The Beards Of Believers – SCOTUS decision

The latest US SC ruling on religious freedom, this time with respect to beards. Similar to Canadian approach. Commentary below by Carrie Severino:

[This ruling] emphasizes that it is the religiously-motivated view of an action, not the unbelieving bystander’s judgment of its importance, that determines whether a burden is substantial. That is particularly important where, as here, courts are dealing with a minority or unpopular religion.

The Court also clarified some key points respecting substantial burdens. First, it noted that permission to engage in many other aspects of religions exercise – here, praying daily, keeping a prayer rug, corresponding with religious advisors, keeping a halal diet, and observing religious holidays – does not cancel out the effect of denying Holt the ability to carry out his simultaneous religious obligation to grow a beard. Additionally, the Court corrected a misunderstanding below that only “compelled” religious practices could be substantially burdened or that disagreements within the Muslim community about the necessity of growing a beard meant curtailing that ability was not a substantial burden. After all, courts have no business making a judgment call about the fundamentally theological questions of how much religious practice is “enough” or which view of a certain religion is correct.

Judging The Beards Of Believers « The Dish.

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Andrew blogs and tweets public policy issues, particularly the relationship between the political and bureaucratic levels, citizenship and multiculturalism. His latest book, Policy Arrogance or Innocent Bias, recounts his experience as a senior public servant in this area.

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