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finally, some good news on the hijab front

Date: March 30, 2004 | 8 Safar 1425 Hijriah
Via Peter in the comments, there's an update to a hijab case that I first posted about last October.

Nashala Hearn is a student at a public school in Oklahoma. She had been suspended from school for wearing the hijab. The school's policy banning headgear did not make an exemption for headgear worn for religious reasons. The school's ban would also prohibit Jewish students from wearing yarmulkes (a side note to those who defend hijab ban policies: are you also defending banning Jewish men from wearing yarmulkes? Do you think that your views would go over very well with Jews? If not, then you should understand why hijab bans don't go over very well with Muslims).

CNN reports today that the federal government's civil lawyers have intervened in Hearn's case by filing a motion in her favor. Assistant Attorney General for Civil Rights, Alex Acosta, wrote:

No student should be forced to choose between following her faith and enjoying the benefits of a public education... ...We certainly respect local school systems' authority to set dress standards, and otherwise regulate their students, but such rules cannot come at the cost of constitutional liberties... Religious discrimination has no place in American schools.
As I noted in my October entry, Hearn had been permitted to return to the school but the anti-headgear policy remains in force and the school has apparently told Hearn that she could be suspended again at any time for violation of the policy if they so choose. Hence, her lawsuit asking for the school to change its policy is still alive.

Here again is a link to an explanation by constitutional scholar and law professor Jack Balkin why the hijab ban is contrary to Oklahoma law.

Despite the title of my blog, I really don't intend this to be a site that's all about hijab, and about hijab bans. However, as long as people are trying to restrict the basic personal autonomy and freedom of expression of Muslim women - by limiting their freedom to dress as they choose - I will keep posting about it because to me such policies are wrong. I also think that they're misguided. They will only upset and offend Muslims and if the aim is to help Muslims integrate into Western society, these laws will only have the opposite effect. You will never get anyone to like you by limiting their rights. You just won't.
~ Posted by Al-Muhajabah, a member of the reality-based community, at 08:51 PM

Comments

davidh said: Total comments: 2  

Subject: Hijab front

It may be a bit boring, but I would like to express strong agreement with your view in the last paragraph. I had already made similar comments to a friend a few days earlier which I repeat here.

"As to your comments about hijab, as you might expect, I think that the decision in France is wrong and will be counter productive and even encourage extremism.
It sends the wrong message, namely that you can’t be seen to be different. To my way of thinking it is far better that girls should wear hijab and go to a school with those of other religions and cultures which should encourage mutual understanding and respect, than go to a segregated school. Why should people have to abandon their cultural and above all religious beliefs in order to be accepted. ? "

Keep up the good work!


~ Posted at April 1, 2004 01:14 AM | Comment Permalink
UnnGN said: Total comments: 1  

Subject: hijab issue

It may be a little late to post something here, but i came across this and thought someone might be interested. It's an overview over 'hijab in the headlines' around the world, with links to different news stories. I find the Singapore story especially interesting, though it's a bit old (though as far as I can tell, the hijab ban in public schools there is still operational). It's strange, I can't remember any Muslim outrage at this back then (except in neighboring Malaysia, as the article states) - but then I suppose Singapore's human rights traditions are somewhat less proud than France's has been. Still Muslims have had Singapore as their native land since Islam came to the Malay peninsula quite some centuries ago... Anyways, here's the link:

http://news.bbc.co.uk/2/hi/europe/3476163.stm

~ Posted at April 13, 2004 10:13 AM | Comment Permalink

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