The beard interfered, but Hasan is still sentenced to death row.

Former army psychiatrist, Major Nidal Malik Hasan continues to fight for his constitutional right to freely exercise his religion— despite being on death row.

Hasan was convicted of killing 13 people and injuring over 30 others at Fort Hood in Texas, and is responsible for the worst mass murder at a military installation in United States history. While the shooting rampage occurred in 2009, the courts decision was not finalized until this past August. Why the delay? To be blunt, the blame is on his beard.

In June 2012, Nidal Malik Hasan arrived at his first hearing sporting a very thick, dark beard. Even though he was not serving in the United States military at the time, he was still responsible for abiding to official army rules during this military trial, especially since he was still receiving pension despite his criminal status. Army Regulation 670-1 consists of grooming rules for members of the military and specifically prohibits growing beards and goatees—a neatly trimmed mustache is allowed at times. The main reason for this rule is for hygiene purposes along with a clean-cut appearance that the United States army has identified with since before World War I.

The original material judge for Hasan’s case, Colonel Gregory Gross, noted the beard upon arrival and immediately asked that he shave, out of respect for the laws that all members of the military are subject to. Hasan claimed that his beard was not to show disrespect, but was required by his Muslim faith and being clean-shaven was a sin. The discrepancy between legal army regulations and the constitutional freedom of religious expression put the court material on hold for about three months.

A quick flashback to Major Nidal Malik Hasan’s military career prior to the Fort Hood shooting: a loyal member of the American team who appeared to have undying pride for his country. Until colleagues noticed some odd behavior, for example Hasan’s presentation promoting islam and the religious duty of suicide bombers around the time period that President Bush’s War on Terror was declared. Members of Hasan’s family expressed that this was also the time period when Nidal started to talk openly about how he didn’t want to serve in a military that was against the Islamic faith in any way shape or form. Right before he fired the first shot at Fort Hood, Hasan shouted, “Allahu Akbar!”which translates to "God is Great" in Arabic.

Moreover, being Muslim is a part of Hasan’s identity that he has been open about, despite his legal duty to serve his country in a fight against radical Islamists. As someone who was born in the United States, Hasan was born with the right to believe in whatever religion he chose and the freedom to express that faith. Even though he signed a contract proclaiming his loyalty to the United States Military, his actions before and after the Fort Hood shooting serve as evidence against his own government—regardless of whether or not they stemmed from religious beliefs.

Back to the courtroom: A new material judge was put on the case, Col. Tara Osborn, and she allowed Hasan to keep his beard during the trial. The facial hair made no difference in the outcome of Hasan’s case and he was sent to the U.S. Detention Barracks at Fort Levenwoth on counts of premeditated murder and attempted premeditated murder. He is the 6thUS soldier in history to be put on death row.

Once he arrived at Fort Levensworth, the officials forcibly shaved Hasan’s beard. The process was videotaped for records but details of how he was restrained or if he even needed to be restrained remain confidential. The exception that Osborn allowed in the courtroom did not fly in military prison and just as all other inmates; Hasan was required to conform to army uniforms and insignia. John Galligan, Hasan’s former civilian lawyer wants to sue the army for violating his religious liberties and that the forced shaving is a vindictive act.

Facial hair is a statement. For some, it’s a product of laziness, for others it could be for warmth but for some Muslims, facial hair is a command from Mohammed. However even among different sects of Islam, the interpretation of the beard is different; some stress the importance of length while others prefer a “cropped beard” and during the 1960’s and 70’s, more men were shaving their beards as a sign of modernity.

So Hasan has the right to believe that his beard is a religious duty…but do his religious beliefs have the right to override his signed duties to his country? By enlisting in the military, Nidal Hasan knew what he legally signed up for and was responsible for protecting the United States through any means asked of him. He went against this contract by committing murder and I think it is wrong for him to insist on keeping his beard while tangled in a system that he directly went against.

He didn’t have a beard while he was an active psychiatrist because he understood army regulations and yet he still identified as Muslim. He then committed a mass murder and expects the organization that HE LEGALLY BETRAYED to waive his responsibility to abide by A670-1. I am all for freedom of expression, but I think a line needs to be drawn when a person commits a crime against their own country. While I don’t have the power to decide whether or not having a beard is a religious duty, I do think that the evidence against Hasan shows enough proof to consider how much he deserves these inalienable rights after committing such a crime.

Which holds more weight in the U.S.:  The freedom to express one’s religious beliefs or the promises soldiers make to protect their fellow citizens? Since this death penalty case involves a member of the military, the ultimate decision is up to the president since they are commander in chief.