In A.A. v. Needville Independent School District, (5th Cir., July 9, 2010), the U.S. 5th Circuit Court of Appeals, in a 2-1 decision, held that the Texas Religious Freedom Restoration Act protects the right of a Native American kindergartner to wear his hair in two long braids. The majority held that the school’s proposed alternatives that the boy either wear his hair in a single braid tucked into his shirt or in a bun on top of his head were insufficient and offend a sincere religious belief held by the boy and his family.
Judge Jolly dissenting argued that the only religious requirement the boy put forward was that he must be allowed to wear his hair uncut, and the alternatives proposed by the school allowed him to do so. The added requirement that his long hair be visible, argued Judge Jolly, was “confected” by the majority “entirely on its own.” (See prior related posting.) [Thanks to Eugene Volokh via Religionlaw for the lead.]
