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U.S. defends Muslim girl's wearing of scarf in school

By The Associated Press
03.31.04

OKLAHOMA CITY — The Justice Department filed a complaint against the Muskogee Public School District, saying officials were wrong to suspend an 11-year-old Muslim girl for refusing to remove her head scarf.

"No student should be forced to choose between following her faith and enjoying the benefits of a public education," Assistant Attorney General R. Alexander Acosta said yesterday. "Religious discrimination has no place in American schools."

The complaint seeks to force the school to change its dress code to "ensure there is no discrimination on the basis of religion."

School officials twice suspended sixth-grader Nashala Hearn in October for wearing a head scarf they said violated a dress code prohibiting head coverings, including hats. The child wears the head scarf, or hijab, as part of her observance of Islam.

Hearn returned to school Oct. 15 and was allowed to wear the head scarf pending a district review of its policies.

"We believe we're interpreting it right and apparently the federal government says different," Muskogee schools Superintendent Eldon Gleichman said. "I guess we'll let a judge determine it."

The complaint alleges the school district violated the equal-protection clause of the Constitution by applying dress codes in an inconsistent and discriminatory manner.

The girl's family has sued the school district for $80,000, claiming the dress code discriminates unjustly against religious clothing. The Justice Department also filed a request yesterday to intervene in that lawsuit. Trial is set for Sept. 7.

Attorney General John Ashcroft has urged Muslims and Arab-Americans to report instances of discrimination and hate crimes and pledged they will be fully investigated.

Through March 2, the Justice Department has investigated 549 alleged "backlash" crimes since the Sept. 11 terrorist attacks and held more than 250 town meetings with Arab-Americans, Muslims and other affected communities.


Update
Muslim student, Oklahoma district settle hijab lawsuit
Muskogee school system has agreed to pay undisclosed sum, change dress code to allow exceptions for religious reasons. 05.20.04

Previous
Student's family sues Oklahoma district over head scarf
Attorney for Muskogee, Okla., schools says deal was reached between officials, family to allow girl to wear hijab; father denies agreement was signed. 10.30.03

Related

Church-state clashes in 2003: hard-won lessons in fairness

By Charles C. Haynes 'Removers' want to erase religion from public life; 'imposers' want to push it on everyone. Both approaches are wrong. 12.28.03

Accommodating Muslims in public school: where to draw the line?
By Charles C. Haynes If at all possible, no American of any faith should have to choose between following conscience and enjoying benefits of public education. 05.09.04

Fighting religious discrimination: Bush administration’s quiet campaign
By Charles C. Haynes Skeptics aside, this Justice Department has shown a commitment to protecting religious freedom no matter which faith is involved. 03.04.07

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