Supreme Court Grants Review In Muslim Prisoner's Challenge To Grooming Rules Barring Beards

The U.S. Supreme Court today granted certiorari in Holt v. Hobbs, (Docket No. 13-6827, cert. granted 3/3/2014). It also granted petitioner's motion to proceed in forma pauperis. (Order List.) In the case, the 8th Circuit affirmed the district court's decision upholding the grooming policy of the Arkansas Department of Corrections that allows inmates to wear trimmed mustaches but otherwise no facial hair, with quarter-inch beards permitted only for a diagnosed dermatological problem. Inmate Gregory Holt is a Muslim whose religious beliefs require him to grow a beard.  He proposed that he be allowed to maintain a half-inch beard as a compromise position, to balance his religious beliefs with the prison's security needs. In its per curiam opinion, the 8th Circuit held that "defendants met their burden under RLUIPA of establishing that ADC's grooming policy was the least restrictive means of furthering a compelling penological interest." Last November, the Supreme Court took the unusual step of granting Holt (who also goes by the name Abdul Maalik Muhammad) an injunction barring Arkansas from enforcing its grooming policy against him pending disposition of Holt's cert petition and of the appeal now that review has been granted. According to SCOTUS Blog, arguments in this case will not be heard until next Fall.

UPDATE: Later in the day on March 3, the Supreme Court issued an order (full text) modifying its grant of certiorari, clarifying that the it is limited to the question of whether Arkansas' grooming policy violates RLUIPA "to the extent that it
 prohibits petitioner from growing a one-half-inch beard in accordance with his religious beliefs."

Cert. Petitions On Prison Grooming Rules

Yesterday a petition for certiorari (full text) was filed with the U.S. Supreme Court in Jones v. Thompson.  In the case (decided as Knight v. Thompson), the 11th Circuit rejected several Native American inmates' RLUIPA challenges to Alabama prison system grooming rules that prohibit them from wearing long hair as required by their religion. The 11th Circuit held that the short-hair policy for male inmates is the least restrictive means of furthering compelling governmental interests in security, discipline, hygiene and safety. (See prior posting.) A cert. petition (full text) was filed last September in another unrelated case also raising the constitutionality of prison grooming policies-- Holt v. Hobbs. Whether or not to grant cert. in that case, involving a Muslim inmate, is on the calendar for the Court's Feb. 21 conference. (See prior related posting.) [Thanks to Douglas Laycock for the lead.]

Cert. Petition Filed In California Change Therapy Ban Case

Yesterday a petition for certiorari (full text) was filed with the U.S. Supreme Court in Pickup v. Brown. In the case,  the 9th Circuit upheld the constitutionality of California Senate Bill 1172 that bans state-licensed mental health providers from engaging in sexual orientation change efforts with patients under 18. (See prior posting.) Liberty Counsel issued a press release announcing the filing of the cert. petition.

Supreme Court Review Sought By Photographer Who Refused Employment For Same-Sex Wedding

A petition for certiorari (full text) was filed Friday with the U.S. Supreme Court in Elane Photography, LLC v. Willock. In the case, the New Mexico Supreme Court held that the state's Human Rights Act requires a commercial photography business to serve same-sex couples on the same basis as opposite-sex couples, and that the 1st Amendment does not require an exception for creative or expressive professions. (See prior posting.) The cert. petition frames the Question Presented as:

Whether applying a state public-accommodations statute to require a photographer to create expressive images and picture-books conveying messages that conflict with her religious beliefs violates the First Amendment’s ban on compelled speech.

ADF issued a press release announcing the filing of the petition.