Saturday, March 26, 2011

Facial Freedom for All

The United States Army’s long-standing requirement of a clean-shaven face is a hairy criterion that conflicts with the First Amendment right to freedom of religion.

Recently, Orthodox Jewish Rabbi Menachem Stern, fell victim to the ostracizing policy. As an Orthodox Jew, Stern believes that shaving his facial hair to join the army would be a violation of his religious rights.

“The 29-year-old is suing the US Army for refusing him the right to keep his beard, on the grounds of his religious beliefs.”

The government is responsible for regulating the physical appearance of army participants, which includes the enforcement of the no facial hair rule. Requiring army members to have a shaved face is discriminatory because it excludes potential volunteers of particular religious faiths. “Joining the army can sometimes be difficult for Muslims, Sikhs and Jews who feel obliged by their faith to grow a full beard.” As the agency of government responsible for 
defending Americans’ constitutional way of life, the U.S. Army should realize 
that forcing all male participants to shave is not only passé, but it also is an assault on the first amendment because this rule violates certain religious convictions.

Perhaps the army should spend less time shaving and more time brushing up on the logistics of human rights. If a man signs up for duty, survives his training, and is approved for deployment, why should the rigid shaving requirement interfere with his right to serve the country, given that he has already proven himself to be qualified? The length of facial hair is not an indicator of an individual’s capabilities.

Rabbi Stern has since filed for a shaving waiver, which stipulates that he will be exempt from shaving. However, the possibility that his request will be approved looks rather grim. "I would like to be able to say that government agencies are becoming more accepting of various aspects of appearance but frankly Rabbi Stern's experience with the US Army leads me to conclude that there are still very strong restrictions that the people who have control over these institutions are imposing."

The need for revision is apparent, but given that the army is a volunteer-based organization, it can be argued that the government is not responsible for protecting the rights of minorities from this partisan rule. This argument is undermined by the weak foundation on which this tradition stands. There is no reason to continue to enforce this regulation because the reasons for keeping the rule as is are rather transparent.

“A US Army spokesman said it was to do with ‘long-standing traditions of uniformity, hygiene, and good order and discipline’, adding that it was in keeping with strict dress codes which required a sense of professionalism and group identity.”

This argument is refutable because the aforementioned ideals, such as uniformity and discipline, are subjective and have been defined by cultural convictions. None of these principles is a legitimate reason to enforce the rule because there is no way to prove that any of these qualities are linked to a man’s facial hair. There is no clear evidence to justify that a clean-shaven face has any impact on a soldier’s performance.

The policy perpetuates stereotypes about facial hair that marginalize men of various religions by expelling entire groups of people from useful participation in the Army based on their physical appearance. In order to generate respect between individuals of different cultures and religions, it is vital that an effort is made on an institutional level to even the playing field. Specifically, putting an end to unjustified practices like the no beard policy is an essential step in ending the cultural imperialism that is inherent in Army policy because this systemic change would expand the definition of what it means to be an American soldier by revaluing the significance of the physical characteristics of a male in the service.

3 comments:

  1. I absolutely agree. This was a great post on a story that has not received much press. It seems like the United States Army has not made it to the 21st century yet. The fact of the matter is, America was founded based off of the virtues of freedom. Freedom of speech, freedom of religion, the freedom to do what one pleases. The Army's attempt to disallow facial hair has the potential to disallow freedom as well. While there may have been reasons in the past that made sense as to why facial hair was banned, today is a different day. People should not be deterred or kicked out of the army for facial hair for any reason whatsoever, especially if that reason is religious.

    We should try and come up with some sort of compromise. Facial should have to be groomed to a certain length while serving in the army. This should satisfy those who do not shave due to religious purposes.

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  2. I think this is such an interesting blog because it is an issue that I have never heard of and something that I think would interest a lot of people. In my mind, I see facial hair as falling under freedom of expression. If people are allowed to yell and scream gay slurs at the funerals of soldiers, why should a man not be allowed to keep his beard in the army. I would understand if it was something that was hindering his ability to participate or preform in the war but I doubt that it is. I agree that there should be a happy medium that the army and the individual can come to to satisfy both parties. The fact that this is a religious issue as well makes the situation even worse. I doubt that he was trying to keep his beard just to annoy people or to be trendy. This is part of his religion and a lot of time is done out of respect. Obviously the army didnt have much respect for the fact that this was a religious act. When it comes to a situation like this about freedom of expression and the rights of the people, this falls under something that he should have had more rights on. And this is an issue and article that everyone should know about.

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  3. I appreciate your comments. I agree that this article did not receive very much press, but it is a pressing issue. I think religious inequalities are the hardest to handle within the realm of US law because there are so many ambiguities that must be clarified. However, I think that in this case, the best way to favor the majority yet protect the minority would be to draft a standard contract for army participants who feel their religious beliefs are violated by the grooming standard.

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