Ninth Circuit rules that California prisoner is entitled to a preliminary injunction barring the compelled cutting of his hair

In Warsoldier v. Woodford, reversing the district court, the Ninth Circuit (Pregerson, J.) held that a California inmate is entitled to a preliminary injunction under RLUIPA to protect his genuinely-held religious belief that he should not cut his hair except upon the death of a loved one.  Although this is not truly a constitutional ruling, the opinion did rely heavily on the Supreme Court's decision this year in Cutter v. Wilkinson upholding the constitutionality of RLUIPA in determining whether the California Department of Corrections' hair grooming policy infringed upon the right to religious freedom protected by RLUIPA.  Additionally, the court relied in part on the standards governing injunctions to protect First Amendment interests. 

Of interest to Oregonians is the court's reliance, in part, on Oregon's hair grooming policy in its analysis of California's.  In concluding that CDC had failed to employ the "least restrictive means" for advancing a "compelling state interest," the court observed that Oregon, among other states, is able to successfully runs its prisons without a hair length policy but instead only requires that hair be maintained in a "neat and clean manner."

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