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William & Mary Law School

2007

W&M Law Student Publications

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The Application Of The Religious Freedom Restoration Act To Appearance Regulations That Presumptively Prohibit Observant Sikh Lawyers From Joining The U.S. Army Judge Advocate General Corps, Rajdeep Singh Jolly Oct 2007

The Application Of The Religious Freedom Restoration Act To Appearance Regulations That Presumptively Prohibit Observant Sikh Lawyers From Joining The U.S. Army Judge Advocate General Corps, Rajdeep Singh Jolly

W&M Law Student Publications

Observant Sikh lawyers are presumptively prohibited from joining the U.S. Army Judge Advocate General (JAG) Corps because they cannot satisfy the Army's appearance regulations. This essay argues that this presumptive prohibition violates the Religious Freedom Restoration Act (RFRA). Under RFRA, the federal government may substantially burden an individual's exercise of religion only if it demonstrates that its application of the burden furthers a compelling governmental interest by the least restrictive means.' The Army's appearance regulations are designed to promote two interests-uniformity and safety. In the course of furthering these interests, the Army's appearance regulations effectively preclude observant Sikhs from joining …