This is really interesting the very next case the Supreme Court is ruling on after Hobby Lobby is a complete juxtaposition of it. Now we have a Muslim Inmate who is not being allowed to grow a beard as opposed to a Christian corporation which successfully fought having to indirectly supply their employees with contraceptives through the work health plans. The rulings on this case so far have been with the prison supervisor (defendant) even though the little rock judge said he doest see how anyone could have a problem with this inamates beard he still felt he had to rule in favor of deference to those running prisons to make security decisions for their facility withough needing to provide any major justificaation or prior example of security breach. The district appeals court also ruled that prisons are dangerous enough environments where policy and specific security decisions can be made on complete speculation rather then evidence of its necessity. What really makes this interesting is that if the Supreme Court rules with the district court they will have made back to back decisions which seem to be somewhat in conflict with each other, as well as open themselves up to critisism that would obviously follow reguarding making a decision against two oppressed minority demographics (Muslims, incarcerated persons) directly after ruling for two majority priveledged demographics.(Christians, corporate entities) It is really going to be interesting to see how this plays out and whether they are willing to make back to back decisions which will seem so at odds with each other, or if they will find in favor and if so will they attempt to clarify/redefine the rights of penal institutions to make gut decisions on security policy.
Posted on: Tue, 02 Sep 2014 18:35:54 +0000
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