CONSTITUTIONAL LAW: FREE EXERCISE

"Thou Shall Not Have Long Hair . . . "

Facts:

In 1988, Tonto began working as a corrections officer for the State of Confusion. As part of the terms and conditions of his employment, Confusion required that male employees keep their hair cut above the collar. Confusion allowed female employees to have long hair so long as it did not touch their collar. Confusion did not contend that this policy was for safety reasons. It merely desired professional, unified looking employees.

In 1990, Tonto joined the Shoshone-Bannock Tribe and began studying Native American beliefs and practices. This included practicing Native American Spirituality. His religion forbid him to cut his hair. All male members of the religion were required to have long hair so they could walk down the "red road."

In 1992, he filed a civil rights suit against Confusion when they demanded that he cut his hair. In resolution of that charge, Tonto agreed to wear his hair under his cap.

In 1997, Confusion once again disciplined Tonto for his long hair. Throughout the year, he received progressive discipline that led to his final warning that he would be terminated if he did not cut his hair.

Tonto filed a complaint for declaratory judgment and injunctive relief. The trial court granted in favor of Tonto. Confusion appealed.

The apellate court should find for:

A. Tonto. Confusion has not established a compelling reason to enforce the rule, and it violates Tonto's constitutional right to freely exercise his religion. Furthermore, Confusion's desire to have a professional looking staff was achieved by allowing Tonto to tuck his hair in his cap. The court should rule this way.

B. Tonto. Confusion has not established that the rule is rationally related to the furtherance of a professional looking staff. The rule violates Tonto's constitutional right to freely exercise his religion. The court should rule this way.

C. Confusion. Having a professional looking staff is a compelling interest because it sends a message to the prisoners that its correction officers are disciplined and tough. This outweighs the small burden placed on Tonto's religious practice. The court should rule this way.

D. Confusion. The state has a special right to regulate its employees in the manner it sees fit. Besides, Tonto's claim to his religious beliefs was merely a pretext for his long hair. The court should rule this way.