NOTICE:鈥俆his opinion is subject to formal revision before publication in the preliminary print of the United States Reports.鈥僐eaders are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.
SUPREME COURT OF THE UNITED STATES
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No. 13鈥6827
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GREGORY HOUSTON HOLT, aka ABDUL MAALIK MUHAMMAD, PETITIONER v. RAY HOBBS, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION, et al.
on writ of certiorari to the united states court of appeals for the eighth circuit
[January 20, 2015]
Justice Alito delivered the opinion of the Court.
Petitioner Gregory Holt, also known as Abdul Maalik Muhammad, is an Arkansas inmate and a devout Muslim who wishes to grow a 1鈭2-inch beard in accordance with his religious beliefs. Petitioner鈥檚 objection to shaving his beard clashes with the Arkansas Department of Correction鈥檚 grooming policy, which prohibits inmates from growing beards unless they have a particular dermatological condition. We hold that the Department鈥檚 policy, as applied in this case, violates the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA),114Stat.803,42 U. S. C. 搂2000cc et seq., which prohibits a stateor local government from taking any action that substantially burdens the religious exercise of an institutionalized person unless the government demonstrates that the action constitutes the least restrictive means of furthering a compelling governmental interest.
We conclude in this case that the Department鈥檚 policy substantially burdens petitioner鈥檚 religious exercise. Although we do not question the importance of the Department鈥檚 interests in stopping the flow of contraband and facilitating prisoner identification, we do doubt whether the prohibition against petitioner鈥檚 beard furthers its compelling interest about contraband. And we conclude that the Department has failed to show that its policy is the least restrictive means of furthering its compelling interests. We thus reverse the decision of the United States Court of Appeals for the Eighth Circuit.
I
A
Congress enacted RLUIPA and its sister statute, the Religious Freedom Restoration Act of 1993 (RFRA),107Stat.1488,42 U. S. C. 搂2000bb et seq., 鈥渋n order to provide very broad protection for religious liberty.鈥 Burwell v. Hobby Lobby Stores, Inc., 573 U. S. ___, ___ (2014) (slip op., at 4). RFRA was enacted three years after our decision in Employment Div., Dept. of Human Resources of Ore. v. Smith,494 U. S. 872 (1990), which held that neutral, generally applicable laws that incidentally burden the exercise of religion usually do not violate the Free Exercise Clause of the First Amendment. Id., at 878鈥882. Smith largely repudiated the method of analysis used in prior free exercise cases like Wisconsin v. Yoder,406 U. S. 205 (1972), and Sherbert v. Verner,374 U. S. 398 (1963). In those cases, we employed a balancing test that considered whether a challenged government action that substantially burdened the exercise of religion was necessary to further a compelling state interest. See Yoder, supra, at 214, 219; Sherbert, supra, at 403, 406.
Following our decision in Smith, Congress enacted RFRA in order to provide greater protection for religious exercise than is available under the First Amendment. See Hobby Lobby, supra, at ___ 鈥 ___ (slip op., at 5鈥6). RFRA provides that 鈥淸g]overnment shall not substantially burden a person鈥檚 exercise of religion even if the burden results from a rule of general applicability,鈥 unless the government 鈥渄emonstrates that application of the burden to the person鈥撯(1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.鈥 42 U. S. C. 搂搂2000bb鈥1(a), (b). In making RFRA applicable to the States and their subdivisions, Congress relied on Section 5 of the Fourteenth Amendment, but in City of Boerne v. Flores,521 U. S. 507 (1997), this Court held that RFRA exceeded Congress鈥 powers under that provision. Id., at 532鈥536.
Congress responded to City of Boerne by enacting RLUIPA, which applies to the States and their subdivisions and invokes congressional authority under the Spending and Commerce Clauses. See 搂2000cc鈥1(b). RLUIPA concerns two areas of government activity: Section 2 governs land-use regulation, 搂2000cc; and Section 3鈥攖he provision at issue in this case鈥攇overns religious exercise by institutionalized persons, 搂2000cc鈥1. Section 3 mirrors RFRA and provides that 鈥淸n]o government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution . . . even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden on that person鈥撯(1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.鈥 搂2000cc鈥1(a). RLUIPA thus allows prisoners 鈥渢o seek religious accommodations pursuant to the same standard as set forth in RFRA.鈥 Gonzales v. O Centro Esp铆rita Beneficente Uni茫o do Vegetal,546 U. S. 418,436 (2006).
Several provisions of RLUIPA underscore its expansive protection for religious liberty. Congress defined 鈥渞eligious exercise鈥 capaciously to include 鈥渁ny exercise of religion, whether or not compelled by, or central to, a system of religious belief.鈥 搂2000cc鈥5(7)(A). Congress mandated that this concept 鈥渟hall be construed in favor of a broad protection of religious exercise, to the maximum extent permitted by the terms of this chapter and the Constitution.鈥 搂2000cc鈥3(g). And Congress stated that RLUIPA 鈥渕ay require a government to incur expenses in its own operations to avoid imposing a substantial burden on religious exercise.鈥 搂2000cc鈥3(c). See Hobby Lobby, supra, at ___ 鈥 ___, ___ (slip op., at 6鈥7, 43).
B
Petitioner, as noted, is in the custody of the Arkansas Department of Correction and he objects on religious grounds to the Department鈥檚 grooming policy, which provides that 鈥淸n]o inmates will be permitted to wear facial hair other than a neatly trimmed mustache that does not extend beyond the corner of the mouth or over the lip.鈥 App. to Brief for Petitioner 11a. The policy makes no exception for inmates who object on religious grounds, but it does contain an exemption for prisoners with medical needs: 鈥淢edical staff may prescribe that inmates with a diagnosed dermatological problem may wear facial hair no longer than one quarter of an inch.鈥 Ibid. The policy provides that 鈥淸f]ailure to abide by [the Department鈥檚] grooming standards is grounds for disciplinary action.鈥 Id., at 12a.
Petitioner sought permission to grow a beard and, al-though he believes that his faith requires him not to trim his beard at all, he proposed a 鈥渃ompromise鈥 under which he would grow only a 1鈭2-inch beard. App. 164. Prison officials denied his request, and the warden told him: 鈥淸Y]ou will abide by [Arkansas Department of Correction] policies and if you choose to disobey, you can suffer the consequences.鈥 No. 5:11鈥揷v鈥00164 (ED Ark., July 21, 2011), Doc. 13, p. 6 (Letter from Gaylon Lay to Gregory Holt (July 19, 2011)).
Petitioner filed a pro se complaint in Federal District Court challenging the grooming policy under RLUIPA. We refer to the respondent prison officials collectively as the Department. In October 2011, the District Court granted petitioner a preliminary injunction and remanded to a Magistrate Judge for an evidentiary hearing. At the hearing, the Department called two witnesses. Both expressed the belief that inmates could hide contraband in even a 1鈭2-inch beard, but neither pointed to any instances in which this had been done in Arkansas or elsewhere. Both witnesses also acknowledged that inmates could hide items in many other places, such as in the hair on their heads or their clothing. In addition, one of the witnesses鈥擥aylon Lay, the warden of petitioner鈥檚 prison鈥攖estified that a prisoner who escaped could change his appearance by shaving his beard, and that a prisoner could shave his beard to disguise himself and enter a restricted area of the prison. Neither witness, however, was able to explain why these problems could not be addressed by taking a photograph of an inmate without a beard, a practice followed in other prison systems. Lay voiced concern that the Department would be unable to monitor the length of a prisoner鈥檚 beard to ensure that it did not exceed one-half inch, but he acknowledged that the Department kept track of the length of the beards of those inmates who are allowed to wear a 1鈭4-inch beard for medical reasons.
As a result of the preliminary injunction, petitioner had a short beard at the time of the hearing, and the Magistrate Judge commented: 鈥淚 look at your particular circumstance and I say, you know, it鈥檚 almost preposterous to think that you could hide contraband in your beard.鈥 App. 155. Nevertheless, the Magistrate Judge recommended that the preliminary injunction be vacated and that petitioner鈥檚 complaint be dismissed for failure to state a claim on which relief can be granted. The Magistrate Judge emphasized that 鈥渢he prison officials are entitled to deference,鈥 id., at 168, and that the grooming policy allowed petitioner to exercise his religion in other ways, such as by praying on a prayer rug, maintaining the diet required by his faith, and observing religious holidays.
The District Court adopted the Magistrate Judge鈥檚 recommendation in full, and the Court of Appeals for the Eighth Circuit affirmed in a brief per curiam opinion, holding that the Department had satisfied its burden of showing that the grooming policy was the least restrictive means of furthering its compelling security interests. 509 Fed. Appx. 561 (2013). The Court of Appeals stated that 鈥渃ourts should ordinarily defer to [prison officials鈥橾 expert judgment鈥 in security matters unless there is substantial evidence that a prison鈥檚 response is exaggerated. Id., at 562. And while acknowledging that other prisons allow inmates to maintain facial hair, the Eighth Circuit held that this evidence 鈥渄oes not outweigh deference owed to [the] expert judgment of prison officials who are more familiar with their own institutions.鈥 Ibid.
We entered an injunction pending resolution of petitioner鈥檚 petition for writ of certiorari, 571 U. S. ___ (2013), and we then granted certiorari, 571 U. S. ___ (2014).
II
Under RLUIPA, petitioner bore the initial burden of proving that the Department鈥檚 grooming policy implicates his religious exercise. RLUIPA protects 鈥渁ny exercise of religion, whether or not compelled by, or central to, a system of religious belief,鈥 搂2000cc鈥5(7)(A), but, of course, a prisoner鈥檚 request for an accommodation must be sincerely based on a religious belief and not some other motivation, see Hobby Lobby, 573 U. S., at ___, n. 28 (slip op., at 29, n. 28). Here, the religious exercise at issue is the growing of a beard, which petitioner believes is a dictate of his religious faith, and the Department does not dispute the sincerity of petitioner鈥檚 belief.
In addition to showing that the relevant exercise of religion is grounded in a sincerely held religious belief, petitioner also bore the burden of proving that the Department鈥檚 grooming policy substantially burdened that exercise of religion. Petitioner easily satisfied that obligation. The Department鈥檚 grooming policy requires petitioner to shave his beard and thus to 鈥渆ngage in conduct that seriously violates [his] religious beliefs.鈥 Id., at ___ (slip op., at 32). If petitioner contravenes that policy and grows his beard, he will face serious disciplinary action. Because the grooming policy puts petitioner to this choice, it substantially burdens his religious exercise. Indeed, the Department does not argue otherwise.
The District Court reached the opposite conclusion, but its reasoning (adopted from the recommendation of the Magistrate Judge) misunderstood the analysis that RLUIPA demands. First, the District Court erred by concluding that the grooming policy did not substantially burden petitioner鈥檚 religious exercise because 鈥渉e had been provided a prayer rug and a list of distributors of Islamic material, he was allowed to correspond with a religious advisor, and was allowed to maintain the required diet and observe religious holidays.鈥 App. 177. In taking this approach, the District Court improperly imported a strand of reasoning from cases involving prisoners鈥 First Amendment rights. See, e.g., 翱鈥橪辞苍别 v. Estate of Shabazz,482 U. S. 342鈥352 (1987); see also Turner v. Safley,482 U. S. 78,90 (1987). Under those cases, the availability of alternative means of practicing religion is a relevant consideration, but RLUIPA provides greater protection. RLUIPA鈥檚 鈥渟ubstantial burden鈥 inquiry asks whether the government has substantially burdened religious exercise (here, the growing of a 1鈭2-inch beard), not whether the RLUIPA claimant is able to engage in other forms of religious exercise.
Second, the District Court committed a similar error in suggesting that the burden on petitioner鈥檚 religious exercise was slight because, according to petitioner鈥檚 testi-mony, his religion would 鈥渃redit鈥 him for attempting to follow his religious beliefs, even if that attempt provedto be unsuccessful. RLUIPA, however, applies to an exercise of religion regardless of whether it is 鈥渃ompelled.鈥 搂2000cc鈥5(7)(A).
Finally, the District Court went astray when it relied on petitioner鈥檚 testimony that not all Muslims believe that men must grow beards. Petitioner鈥檚 belief is by no means idiosyncratic. See Brief for Islamic Law Scholars as Amici Curiae 2 (鈥渉adith requiring beards . . . are widely followed by observant Muslims across the various schools of Islam鈥). But even if it were, the protection of RLUIPA, no less than the guarantee of the Free Exercise Clause, is 鈥渘ot limited to beliefs which are shared by all of the members of a religious sect.鈥 Thomas v. Review Bd. of Indiana Employment Security Div.,450 U. S. 707鈥716 (1981).
III
Since petitioner met his burden of showing that the Department鈥檚 grooming policy substantially burdened his exercise of religion, the burden shifted to the Department to show that its refusal to allow petitioner to grow a 1鈭2-inch beard 鈥(1) [was] in furtherance of a compelling governmental interest; and (2) [was] the least restrictive means of furthering that compelling governmental interest.鈥 搂2000cc鈥1(a).
The Department argues that its grooming policy represents the least restrictive means of furthering a 鈥 鈥榖roadly formulated interes[t],鈥 鈥 see Hobby Lobby, supra, at ___ (slip op., at 39) (quoting O Centro, 546 U. S., at 431), namely, the Department鈥檚 compelling interest in prison safety and security. But RLUIPA, like RFRA, contemplates a 鈥 鈥榤ore focused鈥 鈥 inquiry and 鈥 鈥榬equires the Government to demonstrate that the compelling interest test is satisfied through application of the challenged law 鈥渢o the person鈥濃撯搕he particular claimant whose sincere exercise of religion is being substantially burdened.鈥 鈥 Hobby Lobby, 573 U. S., at ___ (slip op., at 39) (quoting O Centro, supra, at 430鈥431 (quoting 搂2000bb鈥1(b))). RLUIPA requires us to 鈥 鈥榮crutiniz[e] the asserted harm of granting specific exemptions to particular religious claimants鈥 鈥 and 鈥渢o look to the marginal interest in enforcing鈥 the challenged government action in that particular context. Hobby Lobby, supra, at ___ (slip op., at 39) (quoting O Centro, supra, at 431; alteration in original). In this case, that means the enforcement of the Department鈥檚 policy to prevent petitioner from growing a 1鈭2-inch beard.
The Department contends that enforcing this prohibition is the least restrictive means of furthering prison safety and security in two specific ways.
A
The Department first claims that the no-beard policy prevents prisoners from hiding contraband. The Department worries that prisoners may use their beards to conceal all manner of prohibited items, including razors, needles, drugs, and cellular phone subscriber identity module (SIM) cards.
We readily agree that the Department has a compelling interest in staunching the flow of contraband into and within its facilities, but the argument that this interest would be seriously compromised by allowing an inmate to grow a 1鈭2-inch beard is hard to take seriously. As noted, the Magistrate Judge observed that it was 鈥渁lmost preposterous to think that [petitioner] could hide contraband鈥 in the short beard he had grown at the time of the evidentiary hearing. App. 155. An item of contraband would have to be very small indeed to be concealed by a 1鈭2-inch beard, and a prisoner seeking to hide an item in such a short beard would have to find a way to prevent the item from falling out. Since the Department does not demand that inmates have shaved heads or short crew cuts, it is hard to see why an inmate would seek to hide contraband in a 1鈭2-inch beard rather than in the longer hair on his head.
Although the Magistrate Judge dismissed the possibility that contraband could be hidden in a short beard, the Magistrate Judge, the District Court, and the Court of Appeals all thought that they were bound to defer to the Department鈥檚 assertion that allowing petitioner to grow such a beard would undermine its interest in suppressing contraband. RLUIPA, however, does not permit such unquestioning deference. RLUIPA, like RFRA, 鈥渕akes clear that it is the obligation of the courts to consider whether exceptions are required under the test set forth by Congress.鈥 O Centro, supra, at 434. That test requires the Department not merely to explain why it denied the exemption but to prove that denying the exemption is the least restrictive means of furthering a compelling governmental interest. Prison officials are experts in running prisons and evaluating the likely effects of altering prison rules, and courts should respect that expertise. But that respect does not justify the abdication of the responsibility, conferred by Congress, to apply RLUIPA鈥檚 rigorous standard. And without a degree of deference that is tantamount to unquestioning acceptance, it is hard to swallow the argument that denying petitioner a 1鈭2-inch beard actually furthers the Department鈥檚 interest in rooting out contraband.
Even if the Department could make that showing, its contraband argument would still fail because the Department cannot show that forbidding very short beards is the least restrictive means of preventing the concealment of contraband. 鈥淭he least-restrictive-means standard is exceptionally demanding,鈥 and it requires the government to 鈥渟ho[w] that it lacks other means of achieving its desired goal without imposing a substantial burden on the exercise of religion by the objecting part[y].鈥 Hobby Lobby, supra, at ___ (slip op., at 40). 鈥淸I]f a less restrictive means is available for the Government to achieve its goals, the Government must use it.鈥 United States v. Playboy Entertainment Group, Inc.,529 U. S. 803,815 (2000).
The Department failed to establish that it could not satisfy its security concerns by simply searching petitioner鈥檚 beard. The Department already searches prisoners鈥 hair and clothing, and it presumably examines the 1鈭4-inch beards of inmates with dermatological conditions. It has offered no sound reason why hair, clothing, and 1鈭4-inch beards can be searched but 1鈭2-inch beards cannot. The Department suggests that requiring guards to search a prisoner鈥檚 beard would pose a risk to the physical safety of a guard if a razor or needle was concealed in the beard. But that is no less true for searches of hair, clothing, and 1鈭4-inch beards. And the Department has failed to prove that it could not adopt the less restrictive alternative of having the prisoner run a comb through his beard. For all these reasons, the Department鈥檚 interest in eliminating contraband cannot sustain its refusal to allow petitioner to grow a 1鈭2-inch beard.
B
The Department contends that its grooming policy is necessary to further an additional compelling interest, i.e., preventing prisoners from disguising their identities. The Department tells us that the no-beard policy allows secu-rity officers to identify prisoners quickly and accurately. It claims that bearded inmates could shave their beards and change their appearance in order to enter restricted areas within the prison, to escape, and to evade apprehension after escaping.
We agree that prisons have a compelling interest in the quick and reliable identification of prisoners, and we acknowledge that any alteration in a prisoner鈥檚 appearance, such as by shaving a beard, might, in the absence of effective countermeasures, have at least some effect on the ability of guards or others to make a quick identification. But even if we assume for present purposes that the Department鈥檚 grooming policy sufficiently furthers its interest in the identification of prisoners, that policy still violates RLUIPA as applied in the circumstances present here. The Department contends that a prisoner who has a beard when he is photographed for identification purposes might confuse guards by shaving his beard. But as petitioner has argued, the Department could largely solve this problem by requiring that all inmates be photographed without beards when first admitted to the facility and, if necessary, periodically thereafter. Once that is done, an inmate like petitioner could be allowed to grow a short beard and could be photographed again when the beard reached the 1鈭2-inch limit. Prison guards would then have a bearded and clean-shaven photo to use in making identifications. In fact, the Department (like many other States, see Brief for Petitioner 39) already has a policy of photographing a prisoner both when he enters an institution and when his 鈥渁ppearance changes at any time during [his] incarceration.鈥 Arkansas Department of Correction, Inmate Handbook 3鈥4 (rev. Jan. 2013).
The Department argues that the dual-photo method is inadequate because, even if it might help authorities apprehend a bearded prisoner who escapes and then shaves his beard once outside the prison, this method is unlikely to assist guards when an inmate quickly shaves his beard in order to alter his appearance within the prison. The Department contends that the identification concern is particularly acute at petitioner鈥檚 prison, where inmates live in barracks and work in fields. Counsel for the Department suggested at oral argument that a pris-oner could gain entry to a restricted area by shavinghis beard and swapping identification cards with an-other inmate while out in the fields. Tr. of Oral Arg. 28鈥30, 39鈥43.
We are unpersuaded by these arguments for at least two reasons. First, the Department failed to show, in the face of petitioner鈥檚 evidence, that its prison system is so different from the many institutions that allow facial hair that the dual-photo method cannot be employed at its institutions. Second, the Department failed to establish why the risk that a prisoner will shave a 1鈭2-inch beard to disguise himself is so great that 1鈭2-inch beards cannot be allowed, even though prisoners are allowed to grow mustaches, head hair, or 1鈭4-inch beards for medical reasons. All of these could also be shaved off at a moment鈥檚 notice, but the Department apparently does not think that this possibility raises a serious security concern.
C
In addition to its failure to prove that petitioner鈥檚 proposed alternatives would not sufficiently serve its security interests, the Department has not provided an adequate response to two additional arguments that implicate the RLUIPA analysis.
First, the Department has not adequately demonstrated why its grooming policy is substantially underinclusive in at least two respects. Although the Department denied petitioner鈥檚 request to grow a 1鈭2-inch beard, it permits prisoners with a dermatological condition to grow 1鈭4-inch beards. The Department does this even though both beards pose similar risks. And the Department permits inmates to grow more than a 1鈭2-inch of hair on their heads. With respect to hair length, the grooming policy provides only that hair must be worn 鈥渁bove the ear鈥 and 鈥渘o longer in the back than the middle of the nape of the neck.鈥 App. to Brief for Petitioner 11a. Hair on the head is a more plausible place to hide contraband than a 1鈭2-inch beard鈥攁nd the same is true of an inmate鈥檚 clothing and shoes. Nevertheless, the Department does not require inmates to go about bald, barefoot, or naked. Although the Department鈥檚 proclaimed objectives are to stop the flow of contraband and to facilitate prisoner identification, 鈥淸t]he proffered objectives are not pursued with respect to analogous nonreligious conduct,鈥 which suggests that 鈥渢hose interests could be achieved by narrower ordinances that burdened religion to a far lesser degree.鈥 Church of Lukumi Babalu Aye, Inc. v. Hialeah,508 U. S. 520,546 (1993).
In an attempt to demonstrate why its grooming policy is underinclusive in these respects, the Department emphasizes that petitioner鈥檚 1鈭2-inch beard is longer than the 1鈭4-inch beard allowed for medical reasons. But the Department has failed to establish (and the District Court did not find) that a 1鈭4-inch difference in beard length poses a meaningful increase in security risk. The Department also asserts that few inmates require beards for medical reasons while many may request beards for religious reasons. But the Department has not argued that denying petitioner an exemption is necessary to further a compelling interest in cost control or program administration. At bottom, this argument is but another formulation of the 鈥渃lassic rejoinder of bureaucrats throughout history: If I make an exception for you, I鈥檒l have to make one for everybody, so no exceptions.鈥 O Centro, 546 U. S., at 436. We have rejected a similar argument in analogous contexts, see ibid.; Sherbert, 374 U. S., at 407, and we reject it again today.
Second, the Department failed to show, in the face of petitioner鈥檚 evidence, why the vast majority of States and the Federal Government permit inmates to grow 1鈭2-inch beards, either for any reason or for religious reasons, but it cannot. See Brief for Petitioner 24鈥25; Brief for United States as Amicus Curiae 28鈥29. 鈥淲hile not necessarily controlling, the policies followed at other well-run institutions would be relevant to a determination of the need for a particular type of restriction.鈥 Procunier v. Martinez,416 U. S. 396, n. 14 (1974). That so many other prisons allow inmates to grow beards while ensuring prison safety and security suggests that the Department could satisfy its security concerns through a means less restrictive than denying petitioner the exemption he seeks.
We do not suggest that RLUIPA requires a prison to grant a particular religious exemption as soon as a few other jurisdictions do so. But when so many prisons offer an accommodation, a prison must, at a minimum, offer persuasive reasons why it believes that it must take a different course, and the Department failed to make that showing here. Despite this, the courts below deferred to these prison officials鈥 mere say-so that they could not accommodate petitioner鈥檚 request. RLUIPA, however, demands much more. Courts must hold prisons to their statutory burden, and they must not 鈥渁ssume a plausible, less restrictive alternative would be ineffective.鈥 Playboy Entertainment, 529 U. S., at 824.
We emphasize that although RLUIPA provides substantial protection for the religious exercise of institutionalized persons, it also affords prison officials ample ability to maintain security. We highlight three ways in which this is so. First, in applying RLUIPA鈥檚 statutory standard, courts should not blind themselves to the fact that the analysis is conducted in the prison setting. Second, if an institution suspects that an inmate is using religious activity to cloak illicit conduct, 鈥減rison officials may appropriately question whether a prisoner鈥檚 religiosity, asserted as the basis for a requested accommodation, is authentic.鈥 Cutter v. Wilkinson,544 U. S. 709, n. 13 (2005). See also Hobby Lobby, 573 U. S., at ___, n. 28 (slip op., at 29, n. 28). Third, even if a claimant鈥檚 religious belief is sincere, an institution might be entitled to withdraw an accommodation if the claimant abuses the exemption in a manner that undermines the prison鈥檚 compelling interests.
IV
In sum, we hold that the Department鈥檚 grooming policy violates RLUIPA insofar as it prevents petitioner from growing a 1鈭2-inch beard in accordance with his religious beliefs. The judgment of the United States Court of Appeals for the Eighth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
SUPREME COURT OF THE UNITED STATES
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No. 13鈥6827
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GREGORY HOUSTON HOLT, aka ABDUL MAALIK MUHAMMAD, PETITIONER v. RAY HOBBS, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION, et al.
on writ of certiorari to the united states court of appeals for the eighth circuit
[January 20, 2015]
Justice Sotomayor, concurring.
I concur in the Court鈥檚 opinion, which holds that the Department failed to show why the less restrictive alternatives identified by petitioner in the course of this litigation were inadequate to achieve the Department鈥檚 compelling security-related interests. I write separatelyto explain my understanding of the applicable legal standard.
Nothing in the Court鈥檚 opinion calls into question our prior holding in Cutter v. Wilkinson that 鈥淸c]ontext matters鈥 in the application of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA),114Stat.803,42 U. S. C. 搂2000cc et seq. 544 U. S. 709,723 (2005) (internal quotation marks omitted). In the dangerous prison environment, 鈥渞egulations and procedures鈥 are needed to 鈥渕aintain good order, security and discipline, consistent with consideration of costs and limited resources.鈥 Ibid. Of course, that is not to say that cost alone is an absolute defense to an otherwise meritorious RLUIPA claim. See 搂2000cc鈥3(c). Thus, we recognized 鈥渢hat prison security is a compelling state interest, and that deference is due to institutional officials鈥 expertise in this area.鈥 Cutter, 544 U. S., at 725, n. 13.
I do not understand the Court鈥檚 opinion to preclude deferring to prison officials鈥 reasoning when that deference is due鈥攖hat is, when prison officials offer a plausible explanation for their chosen policy that is supported by whatever evidence is reasonably available to them. But the deference that must be 鈥渆xtend[ed to] the experience and expertise of prison administrators does not extend so far that prison officials may declare a compelling governmental interest by fiat.鈥 Yellowbear v. Lampert, 741 F. 3d 48, 59 (CA10 2014). Indeed, prison policies 鈥 鈥榞rounded on mere speculation鈥 鈥 are exactly the ones that motivated Congress to enact RLUIPA. 106 Cong. Rec. 16699 (2000) (quoting S. Rep. No. 103鈥111, 10 (1993)).
Here, the Department鈥檚 failure to demonstrate why the less restrictive policies petitioner identified in the course of the litigation were insufficient to achieve its compelling interests鈥攏ot the Court鈥檚 independent judgment concerning the merit of these alternative approaches鈥攊s ultimately fatal to the Department鈥檚 position. The Court is appro-priately skeptical of the relationship between the De-partment鈥檚 no-beard policy and its alleged compelling interests because the Department offered little more than unsupported assertions in defense of its refusal of petitioner鈥檚 requested religious accommodation. RLUIPA requires more.
One final point bears emphasis. RLUIPA requires institutions refusing an accommodation to demonstrate that the policy it defends 鈥渋s the least restrictive means of furthering [the alleged] compelling . . . interest[s].鈥 搂2000cc鈥1(a)(2); see also Washington v. Klem, 497 F. 3d 272, 284 (CA3 2007) (鈥淸T]he phrase 鈥榣east restrictive means鈥 is, by definition, a relative term. It necessarily implies a comparison with other means鈥); Couch v. Jabe, 679 F. 3d 197, 203 (CA4 2012) (same). But nothing in the Court鈥檚 opinion suggests that prison officials must refute every conceivable option to satisfy RLUIPA鈥檚 least restrictive means requirement. Nor does it intimate that officials must prove that they considered less restrictive alternatives at a particular point in time. Instead, the Court correctly notes that the Department inadequately responded to the less restrictive policies that petitioner brought to the Department鈥檚 attention during the course of the litigation, including the more permissive policies used by the prisons in New York and California. See, e.g., United States v. Wilgus, 638 F. 3d 1274, 1289 (CA10 2011) (observing in the analogous context of the Religious Freedom Restoration Act of 1993 that the government need not 鈥渄o the impossible鈥攔efute each and every conceivable alternative regulation scheme鈥 but need only 鈥渞efute the alternative schemes offered by the challenger鈥).
Because I understand the Court鈥檚 opinion to be consistent with the foregoing, I join it.