John Whitehead's Commentary
Will America Go with the World's Political Flow?
A disconcerting political wind is blowing across Europe that is reminiscent in some ways of the political hate movements that emerged in the 1930s in the form of Nazism and Fascism. As is the way with hate movements that are allowed to fester and grow with little in the way of resistance to them, they begin subtly, focusing in on a particular group, race or religion and treating the followers differently. Next comes discrimination and, finally, full-blown persecution.
In the present situation, what started with a French law preventing Muslim school girls from wearing the Muslim headscarf (commonly called a hijab) is now blossoming into rampant discrimination against Muslims. The matter, which should be of concern to all who value freedom, touches on an entire range of human rights issues, including freedom of religion, freedom of expression, women's rights, children's rights and parental rights.
Most recently in France, Muslim girls and women have been prohibited from exercising their right to wear the headscarf--a requirement of their faith--at school and in other public areas. While the headscarf ban was reportedly aimed at keeping religion out of the classroom in France's militantly secular state school system, the French Prime Minister has now said that he plans to introduce legislation to restrict Muslim dress and practices in hospitals and other public service buildings.
Unfortunately, this anti-Muslim fervor has spread to other European countries such as Germany and Italy. For example, although Germany's highest court ruled last September that it was wrong to forbid a Muslim teacher to wear the hijab in the classroom, the court said that Germany's 16 regional states could legislate to ban religious apparel if it was deemed to unduly influence children. As a result, six German states have now introduced laws banning headscarves and other religious symbols in public institutions. And one state has officially banned Muslim teachers from wearing the hijab. Moreover, the legislation being advocated across Germany would also apply to police officers, judges and bailiffs, as well as public school teachers, who would be forced to abandon the wearing of all religious symbols. This would include Muslim headscarves, Christian crosses and Jewish skullcaps (or yarmulkes) if they cannot be adequately covered up from public view.
This troublesome issue has also made its way to the United States, where a critical constitutional case is being waged over whether a young girl can wear her hijab in a public school. Eleven-year-old Nashala Hearn and her family are followers of Islam, which requires women to wear the hijab in public places--a requirement that Nashala, a good student at Benjamin Franklin Science Academy, a public middle school in Muskogee, Okla., has consistently followed in expressing her commitment to her sincerely-held beliefs.
However, on September 11, 2003, Nashala was informed by her school principal that she would no longer be permitted to wear the hijab to school because such attire was prohibited by the school's dress code. The dress code prohibits "hats, caps, bandannas, plastic caps and hoods or jackets inside the school building." The code, however, makes no mention of hijabs or any other kind of religious head covering.
Understandably, the sixth grader and her parents were greatly concerned by the school's attempt to force Nashala to violate her religious beliefs. Despite the principal's warnings, Nashala refused to remove the hijab and continued wearing it, believing she had to live consistently with her religious beliefs. Shortly thereafter, Nashala was suspended from school for three days. Upon returning to school after serving the suspension, Nashala again wore the hijab and this time was suspended for five days.
Nashala's father contacted The Rutherford Institute for legal help. Institute attorneys filed a lawsuit in federal court, alleging that school officials had violated Nashala's rights to free speech and the free exercise of religion, among other important guarantees of the U.S. Constitution. In an important development, the U.S. Department of Justice has now intervened in the case on behalf of Nashala. Attorney General John Ashcroft has certified the case as "one of general public importance."
Some critics have questioned the significance of this case. The reason it is of national importance--the reason why every American should be concerned about what happens to Nashala Hearn--is that it can have a far-reaching impact.
These types of dress code policies in American schools can have ominous results. For example, if they are successfully upheld, then Jewish students would not be able to wear yarmulkes and some Christians who are required by their faith to wear symbols such as crucifixes would also be affected.
Indeed, if the final result is that the school system has to respect Nashala's religious beliefs, then it would set a precedent for other issues of religious freedom. This would include the numerous examples of religious censorship that occur daily in the public schools. These range from a kindergartner who is told he can't hand out a pencil that says "Jesus Loves You" at a school Christmas party to school officials who chisel religious images off school property when someone complains.
In the end, we have to ask ourselves whether we will go with the political flow of the world or whether we will reinforce the ideals that have made America the beacon of freedom. Nashala Hearn's case is an opportunity to show the world that America is different--that we really believe freedom is important and that we are willing to protect those who, because of their religion, dare to be different.
In the present situation, what started with a French law preventing Muslim school girls from wearing the Muslim headscarf (commonly called a hijab) is now blossoming into rampant discrimination against Muslims. The matter, which should be of concern to all who value freedom, touches on an entire range of human rights issues, including freedom of religion, freedom of expression, women's rights, children's rights and parental rights.
Most recently in France, Muslim girls and women have been prohibited from exercising their right to wear the headscarf--a requirement of their faith--at school and in other public areas. While the headscarf ban was reportedly aimed at keeping religion out of the classroom in France's militantly secular state school system, the French Prime Minister has now said that he plans to introduce legislation to restrict Muslim dress and practices in hospitals and other public service buildings.
Unfortunately, this anti-Muslim fervor has spread to other European countries such as Germany and Italy. For example, although Germany's highest court ruled last September that it was wrong to forbid a Muslim teacher to wear the hijab in the classroom, the court said that Germany's 16 regional states could legislate to ban religious apparel if it was deemed to unduly influence children. As a result, six German states have now introduced laws banning headscarves and other religious symbols in public institutions. And one state has officially banned Muslim teachers from wearing the hijab. Moreover, the legislation being advocated across Germany would also apply to police officers, judges and bailiffs, as well as public school teachers, who would be forced to abandon the wearing of all religious symbols. This would include Muslim headscarves, Christian crosses and Jewish skullcaps (or yarmulkes) if they cannot be adequately covered up from public view.
This troublesome issue has also made its way to the United States, where a critical constitutional case is being waged over whether a young girl can wear her hijab in a public school. Eleven-year-old Nashala Hearn and her family are followers of Islam, which requires women to wear the hijab in public places--a requirement that Nashala, a good student at Benjamin Franklin Science Academy, a public middle school in Muskogee, Okla., has consistently followed in expressing her commitment to her sincerely-held beliefs.
However, on September 11, 2003, Nashala was informed by her school principal that she would no longer be permitted to wear the hijab to school because such attire was prohibited by the school's dress code. The dress code prohibits "hats, caps, bandannas, plastic caps and hoods or jackets inside the school building." The code, however, makes no mention of hijabs or any other kind of religious head covering.
Understandably, the sixth grader and her parents were greatly concerned by the school's attempt to force Nashala to violate her religious beliefs. Despite the principal's warnings, Nashala refused to remove the hijab and continued wearing it, believing she had to live consistently with her religious beliefs. Shortly thereafter, Nashala was suspended from school for three days. Upon returning to school after serving the suspension, Nashala again wore the hijab and this time was suspended for five days.
Nashala's father contacted The Rutherford Institute for legal help. Institute attorneys filed a lawsuit in federal court, alleging that school officials had violated Nashala's rights to free speech and the free exercise of religion, among other important guarantees of the U.S. Constitution. In an important development, the U.S. Department of Justice has now intervened in the case on behalf of Nashala. Attorney General John Ashcroft has certified the case as "one of general public importance."
Some critics have questioned the significance of this case. The reason it is of national importance--the reason why every American should be concerned about what happens to Nashala Hearn--is that it can have a far-reaching impact.
These types of dress code policies in American schools can have ominous results. For example, if they are successfully upheld, then Jewish students would not be able to wear yarmulkes and some Christians who are required by their faith to wear symbols such as crucifixes would also be affected.
Indeed, if the final result is that the school system has to respect Nashala's religious beliefs, then it would set a precedent for other issues of religious freedom. This would include the numerous examples of religious censorship that occur daily in the public schools. These range from a kindergartner who is told he can't hand out a pencil that says "Jesus Loves You" at a school Christmas party to school officials who chisel religious images off school property when someone complains.
In the end, we have to ask ourselves whether we will go with the political flow of the world or whether we will reinforce the ideals that have made America the beacon of freedom. Nashala Hearn's case is an opportunity to show the world that America is different--that we really believe freedom is important and that we are willing to protect those who, because of their religion, dare to be different.
ABOUT JOHN W. WHITEHEAD
Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.
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