Tuesday, June 7, 2016

Freedom Of Religion

By Stan G. Kain
October 17, 2003

Does the wearing of religious attire in school violate the U.S. Constitution?  If the practice is permitted by school districts, are they permitting the preference of one religion over another?  Are the school districts merely allowing the freedom to practice one's faith, as guaranteed by the Constitution?  Across the nation, schools and courts are wrangling with these questions.

In Oklahoma, an eleven year old Muslim girl was suspended from school for wearing the religiously mandated headscarf, known as a "hajib."  The school dress code forbids the wearing of any kind of head covering.  The girl's father says she has been singled out because of her religious beliefs.  The sixth-grader at Ben Franklin Science Academy has been allowed to return to school, pending a final decision before the start of the next school year.

A seventeen year old American Indian student in Fort Covington, NY, was banned from his classes for 73 days.  The boy is not a troublemaker.  He was barred from school for wearing a red headband, signifying his rite to passage in the traditional Iroquois religion.  The American Indian youth was later returned to his classes, although segregated from other students.  While the school has no written policy in regard to bandannas, the headband was considered a violation of the "no- bandanna" rule.  Written school policy does allow religious head wear, but officials insist the boy would have to wear a feather in the bandanna to be in compliance.

California, a state with many citizens of the Indian Sikh faith, faces numerous challenges to state and school district regulations.  A central practice of the Sikh religion requires the wearing of a "kirpan."  The kirpan is a knife with a curved steel blade and is worn in a sheath, beneath the clothing.  State law and school district regulations expressly prohibit carrying a knife on school property.

These represent a small number of the religion-based cases facing American schools and lawmakers.  While issues, such as knives, may be argued from a security standpoint, headbands and headdresses are more likely to be fought as a matter of preventing youth-gang recognition.  Where do we draw the line?  Are we protecting individual rights, or are we violating those rights?  Perhaps we should review our own American history.

Traditionally, people have come to America in search of religious freedom.  Escaping religious persecution in 1620, the Pilgrims were the first to arrive.  They wanted everyone to worship in the Puritan way.  Non-conformists in the colonies were fined, banished, whipped and even imprisoned.  They received the same treatment the Puritans left Europe to avoid.

Soon, Quakers arrived in Pennsylvania.  The Puritans began to disperse throughout the colonies.  Baptists appeared, followed by Roman Catholics and Protestants.  Lutherans formed German communities in Pennsylvania.  Nearly every Christian sect played a role in the founding of America.  Religious persecution began to diminish, replaced with religious freedom.  Understanding the history of religious persecution, our Founding fathers protected that freedom in the Bill of Rights.  The First Amendment of our Constitution states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."  The right to religious practice was sacred.

Since the writing of the Constitution, non-Christian immigrants have reached the shores of our country.  Of course, Native American religions were here when we arrived.  While Christian immigrants were the first to arrive in America, non-Christian immigrants also helped build this nation.  These residents and citizens of the United States deserve the same religious respect as our Christian founders.

We're living in a time when many people are using, "terrorism" and Islam with the same meaning.  "Jew" and the Israeli government are often considered to be the same.  One is a religion and one is a government.  We've grown to hate or show bias toward a religion, rather than focus on specific groups or individuals who promote violence.  We've not taken time to understand people with different beliefs than our own.

How many Americans would defend the religious beliefs of the Sikh, the Native American or the Muslim in this country?  Would we hear an outcry from the Christian community if a school district banned the wearing of a crucifix?  Yes, we would.  The Sikh kirpan could be a weapon, but it is a religious symbol.  The crucifix is a religious symbol that could be made into a stabbing weapon, with little effort.  A headdress could be worn to signify gang affiliation, or it may signify religious worship.

What this nation needs is a good dose of religious tolerance, understanding and common sense.  If we are going to preach religious freedom, we must practice religious freedom.  That means defending the religious practices of other faiths, as aggressively as we defend our own beliefs.  Individuals, school administrators and the courts must respect the rights of all faiths.  If a student is using a religious practices in a manner harmful to others, that individual must be dealt with based upon their actions, not upon their religion.

If you have questions or comments, please email Stan.

ⒸCopyright Stan G. Kain 2003

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