Nevada district court applies Fraternal Order of Police v. Newark (3d Cir.), holds no-beard policy must pass strict scrutiny

Douglas Laycock laycockd at umich.edu
Wed Aug 13 07:21:26 PDT 2008



William Penn was famously jailed in the 17th century for refusing to remove his hat in court.  This became an infamous incident in the colonies; Maryland and I think one other colony passed exemption laws specifically protecting the refusal to remove one's hat.  We have progressed in some ways, and regressed a long ways in others. 

Quoting "Volokh, Eugene" <VOLOKH at law.ucla.edu>:

>     Riback v. Las Vegas Metropolitan Police Dep't, 2008 WL 3211279 (D.
> Nev. 2008).  The court concludes, though, that the headgear regulation
> (which required the removal of all hats when entering any building, when
> not in uniform) isn't subject to strict scrutiny because "the regulation
> does not provide individualized exemptions for any reason, secular or
> religious."
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Douglas Laycock
Yale Kamisar Collegiate Professor of Law
University of Michigan Law School
625 S. State St.
Ann Arbor, MI  48109-1215
  734-647-9713

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