Terraforming religious rights

A Sikh truck driver from Yuba City was cited for carrying a concealed weapon while on a produce delivery haul in Oregon. His kirpan is a ceremonial dagger common to Sikhism (via Ennis).

The officer allegedly dragged Gill to the ground, shoved a knee into his back and shoved his head into the ground as he handcuffed him, he said. The officer then told him that the police look to pull over people who look as though they are from India, Pakistan and or of the Sikh faith, which Gill and Sraon said is racial profiling and illegal… Gill was cited for carrying a concealed weapon and told to appear in Douglas County Court… Sraon said the kirpan is not a weapon but a religious symbol and therefore protected by law under the first amendment of the Constitution.

Kirpan case law is an example of a very interesting body of law dealing with the conflict of religious beliefs and the public interest (e.g. peyote in Native American rituals, sharia vs. common law, religions which ban modern medical treatment). Since Sikhs are in the minority in most places, they’re often afterthoughts when laws affecting them are enacted. For example, the new hijab ban in France, ostensibly aimed at undermining militant Islam, also inadvertently bans turbans. Nobody thought to ask the small French Sikh community for input, it was a boundary case. And in the immediate aftermath of 9/11, wearing a kirpan provided an easy pretext for cops to detain Sikhs without suspicion of wrongdoing.In response, Sikh attorneys have won an impressive string of cases which terraform local law so it’s more hospitable to their religion. They’ve won the right to wear turbans in the Canadian Mounties and the NYPD, for example, and the right for kids to carry ceremonial kirpans in schools throughout the U.S. They’ve struck compromises where kirpans are allowed as long as they are clearly ceremonial (short, dull blade, sewn into sheath, tucked beneath clothes and so on).

Although not on the scale of the Civil Rights Movement, these small victories should enthuse everybody who believes in civil rights, non-arbitrary law enforcement and the death of obtuse bureaucracy.

2 thoughts on “Terraforming religious rights

  1. Thank you for the interesting insights as I have very little experience with Sikh and their ceremonial kirpans. I do understand your view points as my children have followed their faith and suffered as well. We are practicing Wicca’s and believe in carrying our Athame, Burin, Cord, and other items which we hold sacred. My son has been suspended from school a few times for carrying his Athame and when he tried to explain the purpose he was dismissed as carrying a knife. As you may not be aware of, the only true Wicca rule is “an it harm none, do what thou wilt” which means you cannot harm anyone for any reason. I do believe in your cause as I carry my Athame with me at work at all times (hidden of course)but when I must travel, I must leave it at home which does cause me some distress. With the cause you are fighting, maybe on day, I, my children, and my children children’s can wear our Athame as we are meant to according to our religion. Our family has been in this country too long to fight for our old religions and way of life and with more religions growing in this country, maybe our old ways which were taken from us can come back and become active and accepted. Again, thank you for carrying on.

  2. I can respect religion as much as the next person. But I can’t help but feal, that for the same reason a weapon is not permitted on a plane, that a weapon should not be aloud in a school (elementary, secondary, post-secondary, courtroom…etc).

    Does it matter what Mom and Dad say about their child, and how perfect they might be? They could be the next candidate for Prime Mister/President…who knows, who cares?

    We do know that schools a chalk full of Immature underdeveloped brains. some kids are easily manipulated(I dare you take it), some are bullies(“Oh whatÂ’s this?” and stabs someone else). Some are on drugs (legal or not)…

    I can think of way to many reasons not have a weapon in school.

    You say “the Kirpan/Athame is hidden”. — No secret goes unheard around a school. You say “the blade is Dull” — Do you really think that makes a difference? You say “the blade is tied into the sheath” — Tied?, if its not permanently affixed, it can be used. (to defend, if its permanently affixed, then whatÂ’s the point in having it)

    Granted, we should be able to live in a world where we can trust each other, and not have our rights Religious or not taken from us. But we don’t.

    If we did, a Swiss Army Knife should be aloud to bring it to school. (ThatÂ’s a Tool it has a purpose, itÂ’s NOT a weapon)

    When the Law Bends, It breaks. Its jsut a matter of time.