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You Better Smile When You Say "Cheese!": Whether The Photograph Requirement For Drivers' Licenses Violates The Free Exercise Clause Of The First Amendment, Lauren N. Harris

Mercer Law Review

All fifty states require that a licensee's photograph be included on his or her driver's license. While many people willingly comply with the photograph requirement and say "Cheese!" without complaint, the photograph requirement presents an obstacle to others that may in fact prevent them from obtaining valid drivers' licenses even though they are otherwise qualified. The photograph requirement causes a problem when an applicant for a driver's license has religious beliefs that forbid the taking of his or her photograph. An applicant is faced with the dilemma of following his or her religious beliefs or obtaining a valid driver's license …