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| Court: Cherokee Indian inmate can't grow long hair in Ohio prison |
| By Associated Press |
| Published: 08/02/2004 |
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An Ohio federal appeals court ruled last Friday against a Cherokee inmate who asked to be allowed to grow long hair because of his religious beliefs. The 6th U.S. Circuit Court of Appeals said Cornelius W. Hoevenaar's argument was based on a federal law that the court has ruled unconstitutional. The case, or others like it, could eventually wind up before the Supreme Court to decide whether Congress or the states have the authority over religious freedom of prisoners and how that should be accommodated in areas including diets, hair length and religious services. State prison officials argue that, in some cases, inmates could use gatherings for "religious services" as a cover for meetings of prison gangs. Hoevenaar, 66, said his American Indian religion prohibits cutting his hair and that prison regulations limiting hair length violate his constitutional right to practice his religious beliefs. He is serving a life sentence from Hamilton County for aggravated murder and aggravated robbery. The Madison Correctional Institution and other Ohio prisons require male inmates to keep their hair 3 inches or shorter for security reasons and to make it easier to identify the prisoners. Weapons could be hidden in long hair, and extra facial hair could make it harder to identify inmates, prison officials say. Hoevenaar's lawyer argued the hair restriction violates a 2000 federal law that prohibits governments from limiting religious freedoms in prisons and other institutions that receive federal funds, unless there is a compelling reason. The Religious Land Use and Institutionalized Persons Act gives inmates the right to gather for worship or follow religious dietary practices. David Singleton, lawyer for Hoevenaar, said Friday that he will ask the Supreme Court to review the case. The 6th Circuit Court of Appeals reversed a lower court's August 2003 ruling that granted Hoevenaar an exception to grow longer hair. |
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