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Ore. lawmaker proposes repeal of ban on teachers' religious garb

By The Associated Press
11.28.09

PORTLAND, Ore. — An Oregon legislative leader says he will introduce a bill to repeal a state law from 1923 that bans teachers from wearing religious garb.

House Speaker Dave Hunt, D-Gladstone, says he will push to "allow teachers to have the same religious free-exercise rights as every other Oregonian" when legislators meet in February.

Labor Commissioner Brad Avakian and state schools Superintendent Susan Castillo, who recently sent letters to every lawmaker asking them to drop the ban, also support such a proposal.

The Legislature passed a law this year allowing all workers except teachers to wear religious dress at work in most instances. Its passage led to questions about why the law remains on the books, given that Oregon is one of only three states with such a ban.

The 1923 law on teacher dress was passed when an open supporter of the Ku Klux Klan presided as speaker of the Oregon House. The law, which was aimed at keeping Catholics out of public schools, has not been tested in court since the Eugene School District won a 1986 state Supreme Court case that upheld its firing of a Sikh teacher for wearing a turban.

The American Civil Liberties Union of Oregon, which has long supported the ban, said the Legislature should not end it without enacting additional protections for Oregon students.

"We are urging the Legislature not to rush," said David Fidanque, executive director of the state ACLU. "Just repealing the statute could cause real problems in maintaining the religious neutrality of schools in Oregon."

The Oregon Education Association has not taken a position on the issue, communications director Becca Uherbelau told The Oregonian newspaper for a story published this week. "Generally speaking, we support the religious freedom of our members."


Related

3 states still prohibit religious clothing for teachers

Loyola law professor says the few remaining bans 'are really suspect constitutionally now.' 09.05.09

Putting Sikhs to the ‘cruel choice’

By Charles C. Haynes Accommodating some religious practices would help people of this religious faith participate fully in American life. 07.05.09

Should schools ban teachers in religious garb?
By Charles C. Haynes New Oregon law accommodates those whose faiths require certain dress — except for public school teachers. 08.02.09

Teachers' religious liberties

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