President Biden Speaks At White House Diwali Reception

Today is Diwali, or more precisely, the high point of the 5-day Diwali celebration. The holiday is celebrated in various ways by Hindus, Sikhs, Jains and Buddhists. On Monday evening, President Biden hosted a Diwali celebration at the White House. In his remarks at the reception (full text), the President said in part:

In late November 2016, a dark cloud formed from hate and hostility toward immigrants, including South Asian Americans, that we hear once again in 2024.  It was then that Jill and I hosted the first Diwali reception, and it was at the vice president’s residence, an Irish Catholic president — vice president, at the time — opening our home for a holiday celebration by Hindus, Bi- — Buddhists, Jains, Sikhs, and more.  How America — how America can remind us all of our power to be the light, all of us. 

Now, as president, I’ve been honored to host the biggest Diwali receptions ever at the White House.  (Applause.)

Sikh Court Opens in Britain

Religion Media Center reports that in England, the world's first Sikh court opened last Saturday. However, unlike Muslim and Jewish religious courts, Sikhism does not have its own legal code.

 According to the report:

The court [in London] was set up by Sikh lawyers who felt that secular judges lacked the religious and cultural expertise to deal with disputes between Sikhs. It will operate as an alternative forum for dispute resolution for UK-based Sikhs involved in family and civil disputes....

[Baldip Singh] aid its purpose would be “to assist Sikh families in their time of need when dealing with conflict and disputes in line with Sikh principles”....

[The court will] work within the remit of the Arbitration Act (1996), under which anyone — legally qualified or not — can sit as arbitrator so long as both parties agree to submit to the same set of rules....

At the first instance, Sikh court “magistrates” will mediate in disputes to try to negotiate a settlement, as well as directing court users to courses that can help them work on issues that have contributed to the dispute. These courses, developed with Sikh charities, cover low-level domestic violence, anger management, gambling and substance misuse and are available in Punjabi as well as English....

Canadian Court Says Oath to Monarchy Does Not Infringe Sikh Lawyer's Rights

In Wirring v. Law Society of Alberta, (AB KB, Oct. 16, 2023), the Court of King's Bench of the Canadian province of Alberta (sitting as a trial court) rejected a challenge to the oath of allegiance to the British monarch that law school graduates are required to take in order to be admitted to the Law Society and practice law in Alberta. According to the court:

Mr. Wirring is an amritdhari Sikh. He has pledged an absolute oath of allegiance to Akal Purakh, the divine being in the Sikh tradition. Mr. Wirring asserts that the oath of allegiance to the Queen is incompatible with the oath he has sworn to Akal Purakh.

The court held, however, that the oath requirement did not infringe plaintiff's freedom of religion, or his equality rights, that are protected by the Canadian Charter of Rights and Freedoms. The court said in part:

[117]  ... [T]he Oath of Allegiance ... should be interpreted ... not as an oath to the Queen as a person, but as a symbolic oath to our constitutional democracy by those seeking to be barristers and solicitors....

[165]      I ... accept Mr. Wirring’s own words that he can only see the Oath of Allegiance as an oath to the Queen. However, and importantly, I do not find that portion of his evidence to be part of his sincerely held religious belief. The conclusion that the Oath of Allegiance is an oath to the Queen is Mr. Wirring’s own legal interpretation....

[166]      ... [T]he interpretation of the Oath of Allegiance is an objective exercise performed by the Court....

[172]      Because I have found the Oath of Allegiance to be symbolic, Mr. Wirring is not required under the LPA to pledge allegiance to a spiritual or secular entity other than Akal Purakh. Therefore, there is no objective interference with Mr. Wirring’s freedom of religion by the state.

[173]      ... [I]t is Mr. Wirring’s misunderstanding of the Oath of Allegiance’s meaning, and not the requirement to take the Oath of Allegiance, which is preventing him from admission to the legal profession in Alberta.

YesPunjab reports on the decision.

New South Asian Congressional Caucus Launched Amid Criticism from Some Civil Rights Groups

Last week, Michigan Congressman Shri Thanedar announced formation of the 28-member "Hindu, Buddhist, Sikh, Jain US Congressional Caucus." According to India West Journal: "The group will address cultural misunderstandings, promote interfaith dialogue and harmony, and support initiatives to promote the well-being, education, and empowerment of the Hindu, Buddhist, Sikh, and Jains in the US." However, four Hindu, Sikh and Muslim civil rights groups issued a press release sharply criticizing formation of the caucus, saying it does not represent all parts of the South Asian community across faith, caste and ethnic lines.  The press release says in part:

"... In June of this year, Congressman Thanedar announced his intention to form a Hindu Caucus without input from the full spectrum of Hindu American civil society, including Dalit and linguistic community organizations. This caucus seems to be a new iteration of that previous announcement.”

“If this caucus is that announcement repackaged with a more inclusive label but the same makeup, it will likely combat meaningful oversight of the U.S.-India relationship, ongoing work to protect the civil rights and safety of Sikhs and other marginalized groups, and efforts to ban caste discrimination at a federal level. Moreover, given the lack of Muslim representation, it may oppose ongoing efforts to combat Islamophobia. In short, any caucus without inclusive representation from the Indian diaspora will serve as nothing more than a vehicle for Hindu nationalist policies that will inevitably harm the entire South Asian American community, including Sikh, Muslim, Dalit, Buddhist, Jain, and even Hindu Americans.

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.

DC Circuit: Marines Must Accommodate Sikh Recruits in Boot Camp

In Singh v. Berger, (DC Cir., Dec. 23, 2022), the D.C. Circuit Court of Appeals granted a preliminary injunction to two Sikh Marine Corps recruits who seek an accommodation to wear unshorn hair, beards and certain articles of faith during boot camp training. The court, relying on RFRA, said in part:

So the Plaintiffs’ likelihood of success comes down to whether the Marine Corps has demonstrated a compelling interest accomplished by the least restrictive means in refusing to accommodate their faith for the thirteen weeks of boot camp. The Marine Corps has failed to meet its burden on both fronts....

[T]he Marine Corps argues that excepting the Plaintiffs from the repeated ritual of shaving their faces and heads alongside fellow recruits, and permitting them to wear a head covering, will impede its compelling interest in forging unit cohesion and a uniform mindset during boot camp....

... Colonel Jeppe’s claimed compelling need for inflexible grooming uniformity does not stand up against the “system of exceptions” to boot camp grooming rules that the Corps has already created and that seriously “undermine[]” the Corps’ contention that it “can brook no departures” for Plaintiffs....

To sum up, Plaintiffs have demonstrated not just a likely, but an overwhelming, prospect of success on the merits of their RFRA claim. At a general level, the Government has certainly articulated a compelling national security interest in training Marine Corps recruits to strip away their individuality and adopt a team-oriented mindset committed to the military mission and defense of the Nation. But RFRA requires more than pointing to interests at such a broad level.... The Marine Corps has to show that its substantial burdening of these Plaintiffs’ religion furthers that compelling interest by the least restrictive means. That is where the Marine Corps has come up very short.... 

Becket issued a press release announcing the decision.

Today Is Diwali; NYC Schools To Recognize It

Today is Diwali, the Hindu Festival of Lights which is also celebrated by some Jains, Sikhs and Buddhists. As reported by CNN, last Thursday New York City Mayor Eric Adams announced that starting next year, Diwali will be a public school holiday in New York City.  In order to keep the same number of school days in the academic year, state legislation has been introduced to allow New York City public schools to no longer celebrate Anniversary Day as a holiday. Anniversary Day (also known as Brooklyn-Queens Day) is variously described as celebrating the opening of the first Protestant Sunday School on Long Island or the founding of the Brooklyn Sunday School Union in 1816.

UPDATE: Here is President Biden's statement sending greetings for a happy Diwali.

DC Circuit Hears Oral Arguments From Sikh Marine Enlistees

On Tuesday, the D.C. Circuit Court of Appeals heard oral arguments in Singh v. Berger. (Audio of full oral arguments.) In the case, the D.C. federal district court refused to grant a preliminary injunction to three Sikh Marine recruits who wanted to prevent enforcement of the Marine's uniform and grooming policies during recruit training while their case continues to be litigated. Sikh religious beliefs require plaintiffs to maintain an unshorn beard and hair, wear a turban and wear other religious items. (See prior posting.) PTI reports on the oral arguments.

Sikh Marine Recruits Lose Bid For Turbans and Unshorn Hair During Recruit Training

In Toor v. Berger, (D DC, Aug. 24, 2022), the D.C. federal district court refused to grant a preliminary injunction to three Sikh Marine recruits who wanted to prevent enforcement of the Marine's uniform and grooming policies during recruit training while their case continues to be litigated. Sikh religious beliefs require plaintiffs to maintain an unshorn beard and hair, wear a turban and wear other religious items. Plaintiffs contend that denying accommodation of their religious practices violates RFRA, the Free Exercise Clause and the Equal Protection Clause. The court held that even if plaintiffs have shown a likelihood of success on the merits and irreparable injury, the balance of equities and the overall public interest favor the military at this preliminary stage of proceedings. The court said in part:

The Marines have thus "credibly alleged" that "training in [the] manner" that would be required by the requested injunction will "pose a serious threat to national security" by disrupting defendant's well established method of transforming recruits through the discipline of uniformity.

Sikhs Sue Marine Corps For Religious Accommodation

On Monday, suit was filed against the Marine Corps and the Defense Department by four Sikh recruits who are seeking an accommodation that would allow them to wear religious beards and turbans while serving in the Marines. The complaint (full text) in Toor v. Berger, (D DC, filed 4/11/2022), claims that the Marine Corps treatment of plaintiffs violates their rights under RFRA as well as the 1st and 5th Amendments. The Sikh Coalition issued a press release announcing the filing of the lawsuit.

Protective Order Did Not Violate Ex-Husband's Free Exercise Rights

 In Kaur v. Singh, (PA Super., Aug. 2, 2021), a Pennsylvania appellate court upheld a Protection From Abuse Order that excludes plaintiff's former husband from attending the Nazareth Temple on Sundays when his former wife is present. The court said in part:

[T]he Final PFA Order did not substantially burden Appellant’s right to practice his religion....The Order did not ban Appellant from practicing his religion, nor compel him to perform actions against his religion. Appellant can attend services at several other temples in the area on Sunday, attend services at Nazareth Temple every day but Sunday, and attend services at Nazareth Temple on Sunday if Ms. Kaur is not present. As the trial court explained, “[t]he record established that all of the Sikh temples in the area have essentially the same services”....

Additionally ... [s]ince Appellant’s purpose of attending the services at Nazareth Temple is to harass Ms. Kaur as opposed to practicing his religion, the Order arguably does not impact Appellant’s ability to practice his religion at all.

2020 Census Will Tabulate Sikhs As Ethnic Category

India West reported yesterday that for the first time, Sikhs can be counted in the ongoing 2020 census as a separate group, despite the legal prohibition on the census asking questions about religion.  The Census Bureau will consider Sikhism to be a cultural or ethno-religious category.  As explained by India West:

Sikhism does not appear as a category to tick off on the census forms ..., but Sikhs can tick off the "Other Asian" category and write in their religion as a sub-category instead of listing themselves under Asian Indian or other listed racial and ethnic identities....

But while anyone can write in any religious or ethnic or linguistic identities beyond the categories that appear on the form, only Sikhs and some others are given a code that will allow them to be tabulated separately....

"'Sikh' will be included as a distinct detailed population group within the 'Asian' racial category, and not classified as 'Asian Indian' as it was in the 2010 Census when it was viewed as a religious response," according to the Census Bureau.

The bureau did not say where Sikhs who were not of Asian origin, like many members of the Sikh Dharma of the Western Hemisphere, who are racially White, can write in their separate identity.

"The Census Bureau included 'Sikh' codes as part of the draft 2020 Census code list within the 2018 Census Test Redistricting Data Prototype," it said.

Air Force Changes Rules To Accommodate Religious Headgear and Beards

As reported by the Air Force Times, the Air Force earlier this month (Feb. 7) amended its Dress and Personal Appearance rules to allow airmen to request a waiver to permit wearing of conservative religious apparel, (Full text of amended Air Force Instruction.) The amended rules specifically address the wearing of hijabs, beards, and turbans or under-turbans/ patkas with uncut beard and uncut hair. The Army issued similar rules in 2017. (See prior posting.) [Thanks to Scott Mange for the lead.]

British Court Says Sikh Challenge To Census Proposal Is Premature

In Gill, R (on the application of) v UK Statistics Authority, (EWHC, Dec. 12, 2019), a High Court judge in England dismissed as premature a challenge to a proposal by the UK Statistics Authority not to include a Sikh ethnic group tick box response in the 2021 census. Under the proposal there would be a specific "Sikh" response under "Religion", but those wishing to list themselves as Sikh under ethnicity would need to check the "Other, specify" box. The court agreed with the government's claim, which the court described as follows:

[T]his claim is a pre-emptive challenge to the exercise of the Queen's powers ... before the Minister has made a final decision on the form of the census questionnaire, or laid the draft delegated legislation before Parliament, and before Parliament and the Queen in Council have had an opportunity to consider it. The Defendant submits that the claim is premature, and in breach of Parliamentary privilege, as a declaration in the terms sought would not respect the separation of powers between the legislature and the judiciary.

Law & Religion UK has more on the decision.

German Court Says Sikhs Not Exempt From Motorcycle Helmet Law

DW reports that Germany's Federal Administrative Court has ruled that religious freedom objections are not sufficient to exempt Sikhs from Germany's law requiring motorcyclists to wear helmets. According to DW:

The Federal Administrative Court in Leipzig rejected a Sikh man's appeal, who had argued that the helmet would not fit over his turban.

"People wearing a turban on religious grounds are not for that reason alone exempt from the obligation to wear a helmet," the presiding judge, Renate Philipp, said, adding that the claimant has to accept this restriction to his freedom of religion, as it serves to uphold the rights of others, too....

The Leipzig court argued that the obligation to wear a helmet not only protects the driver but also keeps other drivers from being traumatized if they cause heavy injury to someone driving without a helmet.

The court also said a driver wearing a helmet would be better placed to help others in case of an accident.

Air Force Grants Religious Accommodation To Sikh Airman

In a press release last week, the ACLU announced that for the first time, the U.S. Air Force has granted a religious accommodation to a Sikh active duty airman to allow him to wear a turban, beard, and unshorn hair.  The U.S. Army had previously granted similar accommodations. (See prior posting.)

New York Legislature Passes Bill To Bar Employment Discrimination Based On Religious Attire

The New York State Legislature on Tuesday gave final passage to A4024 (full text) which adds to the state's anti-discrimination law a specific ban on employment discrimination because of a person's attire, clothing, or facial hair worn in accordance  with  the requirements  of  his  or her religion. The employer is excused from this obligation if reasonable accommodation is impossible. AP, reporting on the passage of the bill, says it was particularly supported by a coalition of Sikh houses of worship. [Thanks to Blog from the Capital or the lead.]

UPDATE: New York Gov. Andrew Cuomo signed the bill on Aug. 9.

9th Circuit: Sikh Asylum Applicant Did Not Show Past Persecution

To qualify for asylum as a refugee, an individual must show either past persecution or a well-founded fear of future persecution. (8 CFR 1208.13). In Singh v. Barr, (9th Cir., March 25, 2019), the U.S. 9th Circuit Court of Appeals held in a 2-1 decision that a citizen of India had shown neither. Amaneep Singh, a Sikh, approached members of the Dera Sacha Sauda at one of their recruitment meetings to stop them from criticizing Sikhism. He was chased out of the event. Two months later Dera Sacha Sauda members encountered Singh alone and beat him.  When Singh approached police, they demanded a 25,000 rupee bribe to help him. the majority concluded:

Because Singh’s evidence showed only that the police demanded a bribe on one occasion, the evidence does not compel a finding that the government was unable or unwilling to control the people who attacked him, and therefore does not compel a finding of past persecution....

Singh’s attackers were part of Dera Sacha Sauda, a small religious minority active in only some regions of India. There is no reason to think that Singh is at future risk from a group with such limited influence because he is a Sikh.

Judge Watford dissented saying in part:

Members of another religious faith told Singh to abandon his religion and join their own. When he refused to disavow his faith, they beat him until he was unconscious, hospitalizing him for two weeks. When he went to the police for help, they refused to help him unless he paid a bribe, which was more than he could afford to pay. The majority errs by concluding that these facts do not establish past persecution.

San Francisco Chronicle reports on the decision.

Sikhs Ask DOE For Title VI Coverage

According to Huff Post, United Sikhs has asked the U.S. Department of Education to treat Sikhs as an ethnic group as well as a religion so that discrimination against Sikhs would fall under Title VI of the 1964 Civil Rights Act. That provision bars racial, but not religious, discrimination by educational institutions. As previously reported, the Department of Education has decided to reopen a case charging Rutgers University with allowing a hostile environment for Jewish students, defining Jews as an ethnic group.

Asylum Seeking Indian Sikhs Have Turbans Taken Away In Federal Custody

A report this week in the India Tribune alleges mistreatment of 52 illegal immigrants from India held at the federal prison in Sheridan, Oregon.  Most of these are Punjabi speaking Sikhs.  The immigrants are seeking asylum on the grounds of feared religious and political persecution in India.  In addition to the general problem of prison conditions, the Sikh inmates have had their turbans taken away. Some of the immigrants have now hired lawyers, so their conditions are improving. Community members have furnished beanies as head coverings to some Sikhs.