U.S. to defend Muslim girl wearing scarf in school

CNN Washington Bureau ^ | 03/30/04 | Terry Frieden

[coffeebreak]

WASHINGTON (CNN) -- The Justice Department announced Tuesday the government's civil rights lawyers have jumped into a legal case to support a Muslim girl's right to wear a head scarf in a public school.

Assistant Attorney General for Civil Rights Alex Acosta said government lawyers would support 11-year-old Nashala Hearn, a sixth-grade student who has sued the Muskogee, Oklahoma, Public School District for ordering her to remove her head scarf, or hijab, because it violated the dress code of the Benjamin Franklin Science Academy, which she attended.

The girl continued to wear her hijab to school and was subsequently suspended twice for doing so. The family appealed the suspensions, which were upheld by a district administrative hearing committee.

Her parents filed suit against the Muskogee School District last October.

On Tuesday the federal government filed a motion in a federal court in Muskogee to intervene in support of Nashala's position.

[swarthyguy]

US making conventional thinking mistake of treating the hihab as religious and not political garment.


IN the modern resurgence of islamist thought, it is a political statement.

[EggsAckley]

Somebody, quick, get that girl some electrolysis.

[EggsAckley]

My mother visited the Middle East a few years ago, and YES, she DID have to wear Muslem clothing. It was a full length black "robe" type thing, with black headwear AND a black veil.

[Mamzelle]

No? Well, in my local school, bandanas and all manner of headscarfs were prohibited outright because these bandanas were associated with gangs. Then, directly after 9/11, two girls started showing up in Pali-style hijab. The school should have disallowed this, but bent the rules on the girl's behalf. Probably hadn't the nerve to face down a religious challenge.

There's nothing in the Constitution that says there is full expression of anything you like in public schools--there's nothing about public schools. Schools are "in locum parentis" (I know--likely I'm not spelling that right) which used to allow the admins discretion. Once "zero tolerance" came into the schools, "absolute tolerance" also entered in.

Wait until they want four wives. Wonder if there'll be a "Constitutional" argument for that, too.

I hold out no hope that we'll take a stand against hijab--too un-PC--but don't be surprised at what you hear out of Dearborn, MI or Loudon County in a few more years.

It is so ironic to see Rutherford behind this--and disappointing. I won't be donating to them again.

[Mamzelle]

re: IN the modern resurgence of islamist thought, it is a political statement.)))

Abso-bumpin-lutely.

[Wurlitzer]

"Like I said before; the girl's religious freedoms should be protected, but ALL religious freedoms should be protected equally, not just Muslims in an election year."

Unfortunately you are right but only because we do not have a test for valid religions. Believing that your God supports killing anyone who does not believe your way is stupid and does not deserve to be called a religion. It is beyond a cult boarding on....., no on second thought it is actually a criminal terrorist syndicate disguised as a religion.

[Modernman]

Unfortunately you are right but only because we do not have a test for valid religions.

Good lord, I can't believe you just wrote that.

[swarthyguy]

http://www.freerepublic.com/focus/f-news/1108259/posts

Germany legalises polygamy. Insha'allah.

[Carry_Okie]

And you have evidence that this girl's family does?

First, I didn't say that. Second, anyone who claims rigorous adherence to Islam, does advocate sedition, by definition. If you don't buy that, I suggest you either read the Koran, or this. Islam is, by its own doctrinal objectives and means, totally imiscible with Western culture.

[Wurlitzer]

Just because some lunatic says what they believe in is a religion does not make it so.

[KingNo155]

We agree to disagree then... I don't find her cute and I'm not ashamed of it.

[quantim]

The purpose of govm't is to protect rights

Perhaps this discourse is an understanding of what level of government is involved?  I don't think we are are really on that different of a page.  I adhere to the notion that local school districts, and their local taxpayers ought to be free to decide what issues they want in their districts.  Whether it is a dress code, prayers, curriculum, and so forth.  The feds need not be involved in local choices, using my money.  The mere fact that the feds DO get involved is going to offend one group or another, or discriminate against another.  

Take sex-ed for example;  maybe one school district in Vermont wants to teach ten year-olds how to put condoms on cucumbers.  Another district in say Colorado is vehemently opposed to it.  Who elsewhere (like me) has the responsibility to finance this argument at the federal level?  I don't care what they do with cucumbers or a head scarf beyond my own school district where I pay taxes.  Let the particular local people determine what is a "right" (some may say privilege) and what is not.  The feds have no business here.  States, cities, townships, do.  IMO.

[philosofy123]

The terrorists killed 3000 americans in the name of Islam. Moslems who wear these grabs identify with the terrorists instead of the American victims. they deserve no sympathy or tolerance from me.

Mr. tolerant; please ask your self this: If a bunch of Christians went to pakistan/Indonesia/Egypt, and blew up their biggest buildings, and killed threee thousand Moslems in the name of Christianinty. In addition, Christian churches all over the world are preachin the killing of Moslems, do you suppose the Moslem population in such countries would allow a NY minute to pass before they would slaughter every Christian they know or find - guilty or not? If your answer, deep in your own heart that they will slaughter the Christians immediatly, then you are kidding yourself by allowing a useless thing like tolerance to enter your mind.

[Cacique]

b

[Cindy]

THE FOLLOWING TEXT IS AN EXACT QUOTE:

http://www.usdoj.gov/opa/pr/2004/March/04_crt_195.htm

FOR IMMEDIATE RELEASE
TUESDAY, MARCH 30, 2004
WWW.USDOJ.GOV

CRT
(202) 514-2008
TDD (202) 514-1888

JUSTICE DEPARTMENT FILES COMPLAINT AGAINST OKLAHOMA SCHOOL DISTRICT SEEKING TO PROTECT STUDENT’S RIGHT TO WEAR HEADSCARF TO PUBLIC SCHOOL

WASHINGTON, D.C.- The Department of Justice today announced that it will seek to intervene in a lawsuit pending against the Muskogee, Oklahoma Public School District to protect the right of a sixth-grade Muslim girl to wear a headscarf to school.

According to the complaint, filed today in the U.S. District Court for the Eastern District of Oklahoma, the student was twice suspended from the Benjamin Franklin Science Academy for refusing to take off her headscarf, or hijab, after being told that it violated the school’s dress code. That code prohibits students from wearing hats, caps, bandanas, or jacket hoods inside school buildings. The girl and her parents filed suit in October 2003. The Justice Department, in addition to its complaint, filed a motion to intervene in the private litigation. The case is entitled Hearn et al. v. Muskogee Public School District 020.

“No student should be forced to choose between following her faith and enjoying the benefits of a public education,” said Assistant Attorney General R. Alexander Acosta. “We certainly respect local school systems’ authority to set dress standards, and otherwise regulate their students, but such rules cannot come at the cost of constitutional liberties. Religious discrimination has no place in American schools.”

The complaint alleges that the school district violated the equal protection clause of the Fourteenth Amendment to the Constitution, which bars states from applying dress codes in an inconsistent and discriminatory manner. The complaint asks the court to prohibit the school district from discriminating against the student, and to have the dress code policy revised to ensure that discrimination on the basis of religion does not continue.

Additional information about the Educational Opportunities Section of the Justice Department’s Civil Rights Division can be found at www.usdoj.gov/crt/crt-home.html.

###

04-195

[William Martel]

Who is promoting "tolerance" here? I just think we have better things to do than demand an 11-year-old girl take off a stupid little headscarf. You seem to have noticed that we're caught in the middle of a war on terrorism against a group of people who want to kill us - that's all well and good. Have you failed to notice the even BIGGER war going on - the war for the American culture? Honestly, the latter is MUCH more serious - even if we root out terrorism, how is that going to save us from the socialist onslaught coming from the left today?

Have you ever stopped to realize that calling for the heads of all the Muslims in the world might actually TURN AWAY many people who would otherwise be good conservatives? Do you not realize that, in a war for culture, we need the hearts and minds of as many people possible to support our cause? I'm not talking about being moderate here. I just refuse to paint with broad brushes and say that every Muslim who practices Islam in the slightest way supports terrorism. She is an 11 year old girl, for crying out loud. Saying that isn't a matter of tolerance. It's a matter of DECENCY.

[CobaltBlue]

You'll probably blow a gasket to learn that Rastafarian dreadlocks are protected as expressions of the Rastafarian religious faith. Animal sacrifices are protected as expressions of the Santeria religious faith. Smoking peyote is protected as expression of Native American religious faith.

How's the gasket doing?

Oh, well, my guess is that your gasket is a little bit too tight, anyway. ;^)

[CobaltBlue]

I don't think that "establish" and "promote" are exactly interchangeable. I think "promote" is a subcategory of "establish."

[paul51]

U.S. to defend Muslim girl wearing scarf in school

What fools we are. No wonder our enemies have so little respect for us. I'd like to hear the kid say the pledge to the flag.

[CobaltBlue]

Everything they know about life they learned from comic books.