Sikh college student wins battle with Army over hair, turban

[OJsDad]

WASHINGTON (Reuters) - A federal judge has ordered the U.S. Army to stop barring a Sikh college student from participating in reserve officer training because of his beard and turban, a decision welcomed on Monday as a step toward more religious Sikhs serving in the military.

U.S. District Court Judge Amy Berman Jackson issued a summary judgment on Friday barring the Army from using Iknoor Singh's religious dress - his beard, long hair and turban - as a basis for blocking him entering the Reserve Officer Training Corps program at Hofstra University.

The American Civil Liberties Union filed a lawsuit against Army Secretary John McHugh last year after Singh was denied a religious accommodation that would have allowed him to participate in the ROTC program without cutting his hair or beard.

People who want to dress according to their religion while serving in the U.S. military must first obtain a religious accommodation from senior officers.

While Sikhs commonly serve in the military in India, Britain and elsewhere, only a handful are in the U.S. military due to restrictions on their hair and turbans.

In her ruling, Jackson acknowledged "substantial deference" to Army judgments about the need for uniformity among its troops. But she concluded a recent law protecting religious freedom applied to the military and tipped "the scale in favor of individual religious rights."

She noted that since 2007, the Army has allowed more than 100,000 service members to grow beards for medical reasons without undermining morale, good order or discipline. She also said a handful of religious Sikhs served without shaving, cutting their hair or abandoning their turbans.

"Given the tens of thousands of exceptions the Army has already made to its grooming and uniform policies, its successful accommodation of observant Sikhs in the past, and the fact that ... plaintiff is seeking only to enroll in the ROTC program, the Army's refusal to permit him to do so ... cannot survive the strict scrutiny that (the law) demands," Jackson said.

Cynthia Smith, a spokeswoman, said the Army was examining the ruling.

Amandeep Sidhu, an attorney who has represented Sikhs seeking religious accommodations, said Jackson had "unequivocally rejected" the Army's justifications for refusing to accept Iknoor Singh.

"This decision should be a reminder to the U.S. military that the shelf-life of its policy of excluding Sikh soldiers has expired," Sidhu said. "This decision makes clear that they should be given the opportunity to serve."

[Centurion40]

Yep, join the club.  The times they are a changin'.

[Nefaro]

Yep, join the club.  The times they are a changin'.

She noted that since 2007, the Army has allowed more than 100,000 service members to grow beards for medical reasons without undermining morale, good order or discipline. She also said a handful of religious Sikhs served without shaving, cutting their hair or abandoning their turbans.

So.. there have already been some Sikh soldiers and thousands of others okay'd for beards or wotnot.   It was just a matter of this guy also getting the special exception I suppose?

Slow news day at Reuters..

[Centurion40]

Depends on how religious the individual is.  I've known Sikhs that did not really follow their religion, they would get hair cuts, shave, wear regular headdress, and date outside of their religion; and I've known Sikhs who never cut their hair, grow beards, wear turbans, and carry daggers.

Most made dammed good soldiers.

[Greybriar]

The U.S. Army gave those who followed the Sikh religion certain privileges back in 1969. But I don't know what transpired between 1970 and 2015.

[OJsDad]

Interesting, it looks like this ruling only applies to the Army. 

With a beard, how to they suit up for NBC training.  Will the Army have to design a regulation turban. 

[Boggit]

Interesting, it looks like this ruling only applies to the Army. 

With a beard, how to they suit up for NBC training.  Will the Army have to design a regulation turban.

It's not a big deal. Sikhs have managed perfectly well in the British army. We suit up for NBC training - and a lot of Sikhs will use a beard net anyway to avoid problems. Problems only really tend to arise when the army won't use their brain, and insist on being anally retentive with a one size fits all approach. It's been done successfully elsewhere, all the US army has to do is speak to their opposite numbers in the UK, India, Canada, Australia etc where there is a Sikh continent catered for. Job done.

[OJsDad]

Boggit, do these other militaries allow others to have beards.  Just curious. 

If I remember correctly, the US Navy forbid beards because the oxygen masks for fighting fires would not properly fit with one. 

[Centurion40]

Boggit, do these other militaries allow others to have beards.  Just curious. 

Take a look at my pics (earlier posts & below).  There are bearded, uniformed Sikhs in the Canadian military.

[bayonetbrant]

Interesting, it looks like this ruling only applies to the Army. 

With a beard, how to they suit up for NBC training.  Will the Army have to design a regulation turban. 

The practice for MOPP gear + beards has usually been to use petroleum jelly to create the seal on the mask.  I've never tried it, so no idea how well it works.  I have been CS'ed in training tho, and it sucks.

[Boggit]

Boggit, do these other militaries allow others to have beards.  Just curious. 

If I remember correctly, the US Navy forbid beards because the oxygen masks for fighting fires would not properly fit with one.

It's not usual, probably because of the NBC issue as much as anything, which is also an issue for people with moustaches, although they weren't uncommon when I was in (back in the Middle Ages... ;)  ).

[Boggit]

Interesting, it looks like this ruling only applies to the Army. 

With a beard, how to they suit up for NBC training.  Will the Army have to design a regulation turban. 

The practice for MOPP gear + beards has usually been to use petroleum jelly to create the seal on the mask.  I've never tried it, so no idea how well it works.  I have been CS'ed in training tho, and it sucks.

I can see how that works, but imagine being in the field and you hear someone banging a mess tin and shouting "Gas, Gas, Gas!" You don't have long to respond anyway let alone freshly grease up a mask. We got CS'd in training back in the day too, and it really does suck. I'm with you there bro'  ::)

[OJsDad]

http://www.msn.com/en-us/news/us/sikhs-praise-armys-new-religious-accommodation-rules/ar-BBxUgWh?ocid=spartanntp

Sikh soldiers and their advocates are praising an updated Army policy that will make it easier to seek a religious accommodation for beards and turbans worn by Sikhs, as well as articles of faith for any other religion.

"An Army with Sikhs is an even stronger Army," Eric Baxter, senior counsel at Becket Law, said in a statement Wednesday. "Sikhs have a history of heroic service in militaries around the world-including in the U.S. until about thirty years ago. Now their strength will be added back to the Army without the threat of forced shaves and haircuts."

Devout followers of Sikhism, a South Asian religion, wear turbans and have unshorn hair.

Sikh soldiers have been fighting for years to ease the process of gaining religious accommodations, including three soldiers who sued last year to get an answer to their requests before they started basic training and a decorated captain who sued to make his temporary accommodation permanent.

Under a 2014 rule change, the Armed Services accommodated religious requests for individual service members unless the request would interfere with military readiness, a mission or unit cohesion. But critics said the process to be granted religious exemptions was onerous and needed to be changed.

The new rules, detailed in an Army memo dated Tuesday and released Wednesday by the Sikh groups, allow for religious accommodations to be approved at the brigade-level, instead of the secretary-level.

The decision to allow brigade-level commanders to grant exemption was made "based on the successful examples of Soldiers currently serving with these accommodations," according to the memo from Army Secretary Eric Fanning.

The new rules also ensure the accommodation is enduring.

"The accommodation will continue throughout the Soldier's career and may not be permanently revoked or modified unless authorized by me or my designee," the memo says.

The new rules apply to all religious accommodation requests, with the memo highlighting the most common requests are for hijabs, beards, turbans, under-turbans/patkas and uncut hair.

Those with religious exemptions for beards will be barred from military schools with toxic chemical agent training and from assignments needing compliance with biological, chemical or nuclear safety requirements until the Army does further research on masks that both fits beards and meets safety requirements, according to the memo.

Additionally, those with beards may be asked to shave by a commander if the unit is in or about to be in a situation where they will be exposed to a toxic agent and need a mask.

The Sikh Coalition, an advocacy group, said the new rules represent progress.

"While we still seek a permanent policy change that enables all religious minorities to freely serve without exception, we are pleased with the progress that this new policy represents for religious tolerance and diversity by our nation's largest employer," Harsimran Kaur, the coalition's legal director, said in a statement.

Amandeep Sidhu, co-counsel at McDermott Will and Emery LLP, said he's pleased with the new rules.

"The Sikh articles of faith have always been consistent with the best of American values, and we're pleased that the burden no longer rests with Sikh soldiers to prove this through a lengthy administrative process," Sidhu said in a statement.

The rule is being changed in the waning days of the Obama administration and the action could be unilaterally undone by the Trump administration. It's unclear whether Trump's choice for Army secretary, Vincent Viola, would change the new policy.

[OJsDad]

Interesting, it looks like this ruling only applies to the Army. 

With a beard, how to they suit up for NBC training.  Will the Army have to design a regulation turban. 

The practice for MOPP gear + beards has usually been to use petroleum jelly to create the seal on the mask.  I've never tried it, so no idea how well it works.  I have been CS'ed in training tho, and it sucks.

We got CS'ed in boot camp, yep it sucked.  Instructors wouldn't let you out of the building until they saw you take a deep breath. 

[Con]

Doesnt seem like a big deal the Army is already granting exceptions and the Sikhs have a long history of fighting (in WWI France) as well so I bet they know how to use the gas masks

https://www.stripes.com/news/with-beard-turban-exemption-granted-sikh-army-captain-plans-to-move-forward-1.402228