Australian State's Ban on Kirpan in Schools Is Invalid

 In Athwal v. State of Queensland, (Queensland Sup. Ct., Aug. 1, 2023), a 3-judge panel of the Supreme Court of the Australian state of Queensland held invalid a provision in the Weapons Act that specifically provides carrying a knife for religious purposes is not one of the exceptions to the ban on possessing a knife in a school. The court concluded that the provision, which has the effect of barring Sikhs from wearing a kirpan, in a school, is inconsistent with a provision of the national Commonwealth Racial Discrimination Act. Justice Dalton filed a concurring opinion. New Indian Express reports on the decision.

Italy's Top Court Upholds Kirpan Ban

Last Monday, Italy's Court of Cassation upheld a fine that had been imposed for carrying a kirpan in public.  According to The Local:

The Italian judges on Monday rejected the appeal of a Sikh who had been fined €2,000 in 2015 for carrying an 18cm-long kirpan in Goito, a town in Lombardy. He argued that the ban was unfair as the kirpan was a religious symbol rather than a weapon, but the court upheld the original sentence.

"Attachment to values which violate the laws of the host country is intolerable, even if they are lawful in the country of origin," the court said, adding that "public safety is an asset to be protected".

Indian Court Says Sikh Witness Cannot Be Barred From Wearing Kirpan

In Singh v. State of Haryana, (High Ct. Punjab and Haryana, March 16, 2016), a trial court in the Indian state of Punjab held that Art. 25 of India's Constitution which protects freedom of conscience and religion invalidates a court's order barring a Sikh witness from wearing a kirpan while testfying.  The opinion contains lengthy discussion of the kirpan and of the freedom of religion provision in India's constitution. LiveLaw reports on the decision.

Charges Against Sikh Teen For Wearing Kirpan Dropped

Last week, a New York state trial court judge in Queens dropped criminal charges against a 17-year old Sikh high school student who had been arrested for wearing his kirpan (ceremonial dagger).  According to Sikh24, Virender Singh was arrested and charged with two counts of criminal possession of a weapon in the 4th degree while he was walking to a Gurdwara to offer evening prayers. However at his hearing, prosecutors conceded that charges should be dropped.

Settlement Reached In Case of Sikh IRS Employee's Wearing of Kirpan

A settlement has been reached in the case of a Sikh employee of the Internal Revenue Service who lost her job after she insisted on wearing her kirpan into her federal office building. As reported this week by the Houston Chronicle and in a Becket Fund press release, the settlement was reached shortly after the trial of RFRA claims began in the case that was on remand from the 5th Circuit. (See prior posting.) Under the settlement, plaintiff Kawaljeet Tagore's firing is expunged from her record. She may not seek re-employment with the IRS, but may apply to other federal agencies.  She is allowed to enter federal buildings with her kirpan for a period of three years. Finally she is awarded $400,000 for lawyers' fees and expenses.

California Court Refuses To Allow Sikh Juror To Wear Kirpan

In Yuba City, California, members of the Sikh community protested yesterday when officials refused to allow Gursant Singh to enter the Sutter County Courthouse to report for jury duty. Singh has been unable to convince authorities to allow him to wear his kirpan (a religious dagger with a 5 inch blade) in the courthouse.  CBS13 reports that court officials insist on enforcing their no-weapons policy to ban the traditional religious symbol. It is unclear whether Singh will be penalized for not appearing for jury duty.

5th Circuit Remands Sikh's RFRA Challenge To Ban On Kirpan In Federal Building

In Tagore v. United States, (5th Cir., Nov. 13, 2013), the U.S. 5th Circuit Court of Appeals rejected a Title VII religious discrimination claim by a Sikh employee of the Internal Revenue Service who lost her job after she insisted on wearing her kirpan into her federal office building. Federal law (18 USC Sec. 930) prohibits weapons with blades over 2.5 inches long in federal building. The court said that: "An employer need not accommodate an employee’s religious practice by violating other laws."

However the court remanded for reconsideration of plaintiff's RFRA claim in light of a Policy Directive issued by the Federal Protective Service after the case concluded in the district court. (See prior posting.) That Directive permits granting of exemptions in federal buildings for Sikh articles of faith, and thus possibly undercuts the government's argument regarding the need for uniform application of the weapons ban.  The appeals court also held that, contrary to the district court's conclusion, plaintiff had created a genuine issue of material fact as to her sincere religious belief in wearing a 3-inch bladed kirpan.  [Thanks to Blog From the Capital for the lead.]