On Oct. 1, a sixth-grade student attending an Oklahoma school was suspended for refusing to remove her Muslim attire. School officials in the town of Muskogee, Okla., warned Nashala Hern on Sept. 11, that her head shawl, called a "hijab," violated a policy dating from 1997 barring students from wearing hats or other clothing on their heads. The policy stems from an effort to curb gang-related activities. Less than a month later she was suspended for continuing to wear the hijab; she says its removal would violate her religious beliefs.
In response to Hern's suspension, her father is currently participating in an appeal process. The Muskogee school's attorney claims that rulings such as this one are federally prohibited from recognizing religious exceptions, and that no one may violate the dress code, regardless of reason. He added that other religions are covered equally by this rule, citing the example that Jews would be required to remove their yarmulkes while attending school.
While the current Federal ruling may or may not affirm the school's decision, clearly this is a case of Constitutional violation. The First Amendment guarantees the right to practice religion, and this right has been infringed for Hern and others in Oklahoma. Should the decision of the school be affirmed at a local level, hopefully it will not survive appeal by the State or Federal Supreme Court.
In addition to legal issues, the school's decision is grossly insensitive to the individual needs of its students. Having a broad ruling barring headwear throughout the district is shortsighted and offensive. Students need more opportunities to express their individuality. There certainly are federal laws requiring diversity advocacy in schools, and Muskogee has obviously ignored them.
Suspending a sixth-grader for practicing religion, only inherently implies that practicing religion is a punishable offense. When administration makes it a crime to worship appropriately, it teaches students that celebrating a Constitutionally protected right is wrong.
The Muskogee school district is being unconstitutional, insensitive and ironically counter-effective. Decisions such as this undermine the American dreams of religious freedom and diverse education. The Spectrum hopes that Muskogee can find a more appropriate way to deal with gang activity, and that Hern is readmitted to her classes.
Photo: Courtesy of Laron Fomby
