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.