|
|
| Prison grooming case to proceed |
| By Times-Dispatch |
| Published: 06/14/2004 |
|
An American Civil Liberties Union lawsuit that challenges the Virginia Department of Corrections policy restricting inmate grooming can proceed, a U.S. District Court judge ruled last week. The state attorney general's office had hoped to get the case dismissed, arguing that the statute upon which the ACLU based its challenge is unconstitutional. Solicitor General William Thro's arguments focused on the federal Religious Land Use and Institutionalized Persons Act, which says any agency receiving federal money cannot restrict the free practice of religion. Thro argued that the statute is unconstitutional because Congress does not have the right to dictate religious policies in state prisons. Rebecca Glenberg, an attorney for five state inmates challenging the policy, countered that the act is similar to other federal spending mandates, including Title IX. The inmates are Muslims who say they cannot cut their beards and Rastafarians who say they must let their hair grow according to their religious beliefs. "Congress clearly states its intentions that when a state accepts federal money, it must abide by these interests," Glenberg said. "This is a spending clause statute that is very similar to spending clause statutes that are enforced everyday." The grooming policy, enacted in 1999, bars facial hair and sideburns below the middle of the ear. It states that men must have their hair "cut above the shirt collar and around the ears" and women must have hair shoulder-length or shorter. The state also maintains that even if the statute is constitutional, the grooming policy is necessary to clearly identify prisoners and prevent them from transferring objects such as weapons in their hair. After about 45 minutes of arguments, U. S. District Judge Richard Williams declined to rule on the constitutionality of the statute before hearing the merits of the case itself, he said. In December, the 4th U.S. Circuit Court of Appeals upheld a federal law that prohibited prison officials from blocking inmates' ability to freely exercise religion unless there is a compelling reason. In a related case yesterday, Williams threw out a discrimination lawsuit by a Jewish inmate who said the Department of Corrections did not provide her with a kosher diet, The Associated Press reported. |
MARKETPLACE search vendors | advanced search
IN CASE YOU MISSED IT
|
Comments:
No comments have been posted for this article.
Login to let us know what you think