Thursday, October 11, 2007

Detroit Student Gets TRO Permitting Him To Attend Class With Long Hair

In Wayne County, Michigan, a state court has issued a temporary restraining order requiring Detroit's Old Redford Academy, a college-preparatory charter high school, to temporarily readmit 14-year old Claudius Benson II who refuses to cut his hair as required by the school's dress code. Today's Detroit Free Press reports that the high schooler has not had his hair cut for ten years because of his mother's Old Testament religious beliefs. Circuit Judge Kathleen Macdonald held that the school should permit Benson to attend classes while the court is considering his challenge to the school's dress code.

The lawsuit, filed by the Michigan Civil Liberties Union, argues that under the state Constitution and Michigan's civil rights law the school is required to grant Benson a religious exemption from the school's grooming rules. (Full text of complaint.) Fox News gives additional background on the case. Originally the complaint also contained federal law claims, but after the school removed the case to federal court, the ACLU withdrew the lawsuit and refiled it in state court with only state law allegations. (Oct. 5 Detroit Free Press.)