Attorneys struggled to explain why a religiously mandated beard couldn’t be accommodated. The Marines created an exemption for long-haired women and recruits who experience reactions to hair removal, and the military recently relaxed rules on tattoos.
The Marines’ ban on facial hair applies in basic training and “combat zones,” a designation the plaintiffs said in court covers over three dozen countries where hazard pay is given.
Officials defended the policy as necessary for the uniformity and discipline required to become a Marine and serve as one in dangerous situations. Col. Adam Jeppe, who is in charge of such policies, told the court in a declaration that Marine recruits are “stripped of their individuality in order to … function as a team.” He added, “everyone desiring to be a Marine often must be willing to give up something to accept uniformity and what it means.
“How can it be the least restrictive means when there are other widespread exemptions?” Judge Neomi Rao asked. And the Marines are part of the Navy, whose academy allows Sikh recruits to keep their beards in basic training. The Air Force and Army do as well. “Other branches of the military have rapid deployment forces as well,” Judge Patricia Millett said at argument. “When the Marines go off on their missions, who takes them? The Navy, which makes accommodations.”Judge J. Michelle Childs questioned the substance behind Jeppe’s assertion that physical uniformity breeds psychological cohesion.
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