Thursday, August 13, 2015

Court Says Alabama Prisons Can Force Native Americans To Break Sacred Traditions | ThinkProgress


Dealing a harsh blow to Native Americans’ religious practices on Wednesday, the 11th U.S. Circuit Court of Appeals upheld Alabama’s prison policy banning long hair. The decision comes decades after Native Americans’ fight to keep their long hair behind bars was initiated.

According to the judges, long hair threatens prison security and hygiene standards because it can be used to conceal weapons and other banned items in Alabama’s correctional facilities. But attorneys contend that long hair is an integral part of Native Americans’ religious traditions, and that cutting it has “eternal consequences.” They also pointed to the 39 U.S. states that do permit long hair for religious purposes.

The fight against the Alabama Department of Corrections’ short hair policy began in 1993, when plaintiffs filed a lawsuit charging the ADOC with violating the Religious Land Use and Institutionalized Persons Act. The law states, “no government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution,” unless it “is in furtherance of a compelling governmental interest; and is the least restrictive means of furthering that compelling governmental interest.”

Court Says Alabama Prisons Can Force Native Americans To Break Sacred Traditions | ThinkProgress

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