Muslim prison guards, New Jersey settle beard dispute

The Associated Press

05.19.00

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NEWARK, N.J. — Muslim state prison guards will be exempt from a new policy barring guards from wearing beards, under a settlement reached yesterday with the state Department of Corrections.

Some 33 guards, practitioners of the Sunni branch of Islam, sued the state in March, claiming the policy violated their right to religious freedom.

The policy had been on hold since then, when U.S. District Judge Faith S. Hochberg blocked enforcement to explore a settlement.

Impetus for a deal included an October decision by the U.S. Supreme Court not to hear challenges to lower-court rulings that found Newark's effort to bar two Sunni police officers from wearing beards violated the officers' freedom of religion.

The Justice Department on May 16 sued Newark, claiming the city is still discriminating against Sunni Muslim officers because of their religion.

The state corrections department policy provided that violators of the policy could be fired. Department Commissioner Jack Terhune, who took office in March 1998, rescinded a longtime policy six months later that permitted prison officers to grow beards. Enforcement was not to begin until March 2000.

The policy provided an exemption on religious grounds, but the guards maintained it still infringed on their rights because it required each Sunni guard to get an Islamic cleric to certify annually that they are practicing Muslims.

The guards maintain that Sunni Muslim practice requires men to wear beards.

Under the deal approved by Hochberg, the guards can make that certification themselves.

The corrections department can "independently assess the sincerity" of applications for religious exemptions under the settlement. If the department believes a guard has lied, it agreed to give the guard an explanation. The guard does not have to shave the beard while disciplinary proceedings are pending.

Robert R. Cannan, a lawyer for the guards, said they were pleased with the settlement. "They get to keep their beards," he said.

Corrections spokesman Chris Carden said yesterday that some bearded guards may be transferred to duties in which they would not have to wear face masks because the department must comply with federal safety regulations.

Cannan said the guards have a total of 366 years of experience and have never had trouble putting a gas mask or air pack mask over their beards.

"We don't anticipate any transfers or changes," Cannan said. "The employer is obligated to provide a reasonable accommodation to religious practices, and this settlement assures that they will."