Source: www.sikhnet.com
PORTLAND, OREGON, USA, September 3, 2009: In most of the US, teachers are now free to wear religious clothing to work–but not in Oregon, Pennsylvania or Nebraska.
The intent of the laws, originally aimed at Catholics, is to protect students from the establishment of religion in schools. Court rulings in both Oregon and federal court in Pennsylvania have rejected challenges by teachers and pointed out conflicts with the First Amendment: Teachers have a constitutional right to freedom of religion, but school districts must avoid supporting any religion.
Michael Kaufman, an education law expert, said laws banning religious clothing used to be fairly common. But there has been a gradual shift away from them to protect teachers’ religious freedom as long as it does not disrupt the classroom. “The law now requires neutrality regarding religion, meaning the states or schools can neither favor nor disfavor religion.” The few remaining bans “are really suspect constitutionally now.”
Rajdeep Singh Jolly, legal director for the Sikh American Legal Defense and Education Fund, and Ibrahim Hooper, spokesman for the Council on American-Islamic Relations, both say the laws are not only unconstitutional, but discriminatory because their enforcement now tends to fall on minorities.
The Sikh group has asked the U.S. Justice Department to investigate whether the Oregon law violates Title VII of the federal Civil Rights Act, and received a letter this week saying the department would give it “careful consideration.”