Third Circuit Victory for Religious Freedom in Smith Case

Legal Issue(s): NA

Case Description

The case of Alexander Smith, an air mask technician with the Atlantic City Fire Department, began in 2019 when his request for a religious accommodation was denied, and he was threatened with suspension. Mr. Smith wears a beard according to deeply held religious convictions, but the fire department had a no beard rule designed for those who wear air masks on the job. Mr. Smith’s role was never going to have him wear masks, only fix them.

Nearly six years later, on May 30, 2025, the Third Circuit ruled in favor of Mr. Smith’s right to wear a beard as an expression of his faith. In its decision upholding the free exercise claim, the Court held that “[r]eligious liberty is our ‘first freedom.’ . . . [T]he City’s policy, the state regulation, and the federal regulation all necessarily yield to the Constitution. . . . To apply a standard less than strict scrutiny would falsely suggest that freedom of religion is a second-class right, subject to an entirely different and weaker body of rules than the other bill of rights guarantees.”

The Court unanimously held that Mr. Smith also prevailed on his Title VII claim under Groff because the city failed to show an undue hardship given that “no Air Mask Technician has been called to engage in fire suppression for several decades.” The Court also reversed the lower court’s denial of the preliminary injunction, which means Mr. Smith can now grow a beard in accordance with his faith while continuing to serve his community.

In April of 2024, CLS, joined by the National Association of Evangelicals, filed an amicus brief in support of Mr. Smith’s appeal arguing that the lower court applied the wrong standard and that strict scrutiny should apply.

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Christian Legal Society offers legal assistance for those in need through CLS’ network of Christian Legal Aid clinics and Christian Attorneys’ directory. CLS’ Center for Law & Religious Freedom is also available to address issues related to the infringement of religious freedom.

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