Washington - The US Supreme Court on Tuesday weighed whether Arkansas prison authorities can prevent inmates from growing beards over fears they might smuggle weapons or other items in their facial hair.
The case was brought by Gregory Holt, also known as Abdul Maalik Muhammad, who is serving a life sentence at an Arkansas prison after he was convicted of domestic violence.
Holt, who is Muslim, wants to be allowed to grow a 0.5-inch (1-centimetre) beard, which is longer than the 0.25-inch limit allowed.
Forty of the 50 US states, as well as the federal government and the District of Columbia, allow prisoners to sport a beard if their faith requires it, in accordance with the First Amendment of the US Constitution, which protects religious freedoms.
But in Arkansas, prison authorities say they worry a prisoner could disguise himself and hide dangerous or prohibited objects such as “homemade darts and other weapons” in a beard.
The Supreme Court judges appeared sceptical of the Arkansas concerns.
“How can you conceal something in a half-inch beard?” asked Justice Antonin Scalia.
Arkansas Deputy Attorney General David Curran replied that a prisoner could put a SIM card or a razor blade in such a beard.
“Give the prisoner a comb, if there's anything in here ... it would fall,” said Justice Samuel Alito, noting that it would be simpler for a prisoner just to conceal something in his head hair.
“There's no example in a single state of hidden things,” Justice Stephen Breyer said. “It's an exaggerated fear.”
Still, military authorities have ordered Nidal Hasan, a former army psychiatrist and Muslim convert, to shave his beard to comply with military regulations. Hasan was sentenced to death for killing 13 people in 2009 at the Fort Hood military base in Texas.
Scalia acknowledged that a beard would be a good way for Holt to change his appearance, but suggested taking a photo of him clean-shaven.
“If he escapes, he can shave off his beard,” Scalia said. “Let's take a photograph before he grows his half-inch beard.”
Holt has received support from a number of religious and rights groups, and he also is backed by the federal government, which sees “religious discrimination” in the Arkansas rules.
Holt's lawyer Douglas Laycock said his client was being reasonable in asking for a half-inch beard.
“The religion teaches a full beard, but it's better than nothing,” Laycock said.
Hannah Smith of the Becket Fund for Religious Liberty, which is representing Holt, said that under federal law, “prison officials cannot impose unnecessary restrictions on religious liberty.
“While prisoners do surrender many rights at the jailhouse door, they do not surrender the fundamental right of conscience,” she added.
The nine Supreme Court judges, six of whom are Catholic and three Jewish, have recently voted in favour of religious freedoms.
One such case involves prayers being recited at the start of a city council meeting.
Another is the Hobby Lobby case, when judges said the craft chain could refuse to include birth control coverage in its employee health plans on religious grounds.
In the Holt case, too, it appears that religious arguments will trump security concerns.
The ruling is expected by June. - AFP