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Freedom of Religious Items

A Detroit judge ruled last month that a Sikh student should not have been arrested for carrying an ornamental knife required by his religion.

Sukhpreet Singh Garcha, a Sikh who is a senior at Wayne State University, in Detroit, was arrested on the campus in August 2005 for carrying a Kirpan, a symbolic dagger that initiated Sikhs are required by their faith to wear.

Wayne State police spotted Garcha, who was watching a football practice, wearing the 10-inch sheathed knife, according to court records. They asked him to remove it, and he politely refused, at which point he was arrested. Detroit law prohibits citizens from carrying any blade longer than three inches. The law grants exceptions for people using the knife as a work tool or for a sport they are actively engaged in, but it does not mention religious items.

After the police took the 10-inch Kirpan, Garcha then volunteered that he also had a 5-inch Kirpan concealed in his waistband. According to the court records, it is common practice for a Sikh to carry a smaller blade in case the larger one has to be removed during physical activity.

A local judge, Rudolph A. Serra, ruled that the ordinance prohibiting blades of more than three inches “was intended to apply to persons carrying a knife as a weapon, or for some unlawful purpose.” Sikhs consider the Kirpan a symbol of courage and of their obligation to help those in need.

Serra’s decision said that forbidding Garcha from wearing a Kirpan would be “similar to an ordinance that made it illegal to wear a cross or star of David.” Serra added that, if a Sikh were to use the Kirpan to commit a crime, “the individual could certainly be charged with both the underlying crime AND a violation of the knife ordinance.”

Harpreet Singh, legal director for United Sikhs, a New York City based non-profit that conducts a variety of human rights projects and helped represent Garcha, said he was delighted that the ruling was so clear cut. Singh said he “hopes that this case sets a precedent” for colleges. Garcha said he could not comment on the decision.

Wayne State’s police said that they will not arrest Sikh students carrying Kirpan in the future. Alexandra Matish, assistant general counsel for the college, said that Wayne State is beginning talks with Sikh students and with Garcha’s lawyers about formulating a new knife policy that would exempt Kirpans.

The Kirpan question has come up before in schools, but no one involved with Garcha’s case was aware of any incidents involving colleges. In a 1993 ruling, the U.S. Court of Appeals for the Ninth Circuit upheld a lower court decision that a California school district had to allow Sikh children to wear a Kirpan as long as the blade was dull, sewn tightly to the sheath, and worn underneath clothing.

Sikhism is the fifth largest religion in the world, with 23-25 million believers. Initiated Sikhs are supposed to carry several items at all times including: the Kirpan; a type of comb; a bracelet; a specific sort of shorts; and uncut, covered hair, often in a turban.

Singh said that more Sikhs carrying Kirpans have been arrested or harassed since 9/11 often because people have interpreted their turbans as the trappings of a terrorist. Singh said he hopes that this case can become an educational moment where the Wayne State community can learn about Sikhs.

In the most high profile active case regarding a Kirpan, Gurbaj Singh Multani, then a 12-year-old Canadian boy, had his concealed Kirpan fall out while he was playing in a schoolyard in 2001. The boy was sent home from school, and arguments erupted among parents over whether he should be allowed back. That case is now in the hands of the Supreme Court of Canada.

David Epstein

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Comments

What about Glock-9’s?

My cousin’s crew worship the Glock-9 handgun. Can they get an exemption to carry, too?

Russ, at 9:35 am EST on January 11, 2006

So, can they carry it on an airplane? Does freedom of religion go this far?

Fact is, the knife wielding individual is intimidating to others around them. How am I supposed to distinguish between someone who is carrying it as religious symbol and not a weapon? Were I a police officer and someone had such a “symbol,” to me the threat level goes up dramatically. Someone is going to get hurt!

I wonder if there were not a bunch of these folks sitting in the audience when the judge made that decision. Stupid judge.

EB, at 10:38 am EST on January 11, 2006

This faith has been around for 500 years. Kirpan and all. The wearing of it is a requirement, not like a wearing a cross or star of David, but the same way that some Christian monks and nuns are required to wear certain clothing. It doesn’t have to be sharp, and it can be tightly sewn in its sheath.

As much as this makes some people uncomfortable (and from some of these comments, you can tell it does), Sikhs have a right under the constitution of the United States of America to wear the kirpan. In all cases that I have read about, they are more than willing to work with law enforcement to formulate compromises as long as the basic religious requirement is not infringed upon.

k, at 12:47 pm EST on January 11, 2006

Bottom line, carrying the Kirpan is the same as wearing any other religious insignia.

Try to trivialize a long-standing religion with millions of adherents all you want, but you can’t make a religion go away just because you are uncomfortable. And you cannot make a strong comparison between said religion and your friends who “believe in” carrying guns. It’s apples and oranges.

We are disturbingly quick in this country to limit, censor, and question those who do not subscribe to either the dominant Judeo-Christian religions or a secular viewpoint.

The above article is not about the Kirpan, in my opinion. It is about the reality that discrimination is still alive and well. And worse, there are many people who are more than willing to defend discriminatory actions.

Anonymous, Discrimination as Usual, at 3:15 pm EST on January 11, 2006

“If you want to carry a firearm, don’t go to a college that forbids carrying of firearms on its campus. Why should any other activity (including carrying a knife, regardless of purpose) be any different?”

Wearing it is a requirement of their 500 year old faith. No public campus or school that accepts Federal funds can violate that requirement any more than they could tell an orthodox Jew he couldn’t wear a yamulkah. A yamulkah is more than an “hat". A Kirpan is more than “a knife".

...also, for your information “Erik", I’m 3rd generation Californian, and my high school parking lot was full of old trucks with gun racks. I find your comment about California as biased as others comments about the kirpan.

k, at 5:04 pm EST on January 11, 2006

Religion

Religious beliefs should not provide an exemption from the law. A symbolic knife, one that either was merely a hilt without a blade as suggested earlier would be fine, but an “live” weapon is another matter. If you are going to allow a 10 inch knife for members of one faith, then you should also allow all people to carry weapons for the purpose of self defense and the ability to intervene in conflicts (as the Silks cite). Being a member of any religious faith does not grant one additional rights — the law must be applied equally to all — either everyone gets to carry a knife or no one does.

Kevin, Undergraduate, at 5:40 pm EST on January 11, 2006

Hat and Knife Comparison?

k, A 10 inch blade is threatening, a hat isn’t. The law should be consistent for all. Either we allow students to bring 10 inch blades into classrooms or we don’t. I hope they aren’t allowed in my classroom. Candice

Candice, at 6:37 pm EST on January 11, 2006

I just looked at a ruler to see how long is ten inches. At that length, a blade is like a short sword. Not like a religious hat or beads like some nuns wear. (And me, I was not allowed to take my manicure set on a plane! Not to mention the corkscrew.) I am sure the young fellow described in the story is sincerely religious; but the slippery slope is not just a metaphor, and the presence of easily available weapons makes their use so much more likely.

mqs, at 4:31 am EST on January 12, 2006

If all those here are opposed to having any person carrying the Kirpan, please write to your Senators and Representatives to repeal the Constitutional laws that protect the freedom of religion and the right to bear arms. While you are at it, please also request that the NRA be banned from the U.S. and that all people in the interior of the U.S. surrender their weapons that they are completely free to carry (as is their constitutionally deemed right...lest we forget the laws of the land we reside in).

I am amazed time and time again when hysteria breaks out over the Kirpan being worn and yet thousands of gun kicenses are doled out every year. Please have some realistic perspective. If you think that a Kirpan poses a threat, it is time to realize that many of your neighbors are probably carrying things a whole lot more dangerous.

Whoever, at 4:32 am EST on January 12, 2006

I believe the Constitution states separation of religion and government or is this just for Christian religion?? If we separate religion and government and government law (state) says you can not carry a weapon on a college campus or in an elementary school, what is the issue. Oh wait, it is just the ten commandments on the steps of a court house that scares or offends everyone not a 10 INCH BLADE!! Give me a break. I believe everyone has the right to practice any type of religion without being discriminated against, but this goes too far. Who is to say, a Sikh person could not harm someone with the blade or is that reserved for only Christians too!!!

A, at 11:52 am EST on January 12, 2006

Response

Especially Whoever, my objection is not that the kirpan is worn but that non-members can’t wear a similar blade. The objections about the star of David are also essentially irrelevant — I could wear a star of David without being Jewish and no one would prosecute me. Its not as though it is legal for Jewish people and illegal for the rest. Likewise with the cross. If anyone has the option of wearing a blade, then so should everyone. If no one can wear a blade, than that should mean no one. Either the law can allow all to bear a blade, just as it allows anyone to wear a cross, or it can allow no one. But to discriminate on the basis of religion is unfair and violates the equal protection clause.

Kevin, Undergraduate, at 2:36 pm EST on January 12, 2006

Different rules for different people argument.

Someone posted above that its unfair that Sikhs are allowed to carry the ceromonial sword whereas others arn’t.

I’m not sure how it is over there in the States, but here in the UK this is catered for within law quite rightly.

For example, a shop displaying a no dogs sign is up in a shop and a blind man with his guide dog is allowed ? No one would think it correct for him not to be allowed in, right ?

Or if a pub (bar/public house) has a no hat policy, and a jewish person with his skull cap (apologies i’m unfamilar with the correct term) walks in. Is it right for the person to be turned away ?

Inderjit, at 10:20 pm EST on March 3, 2006

Everyone who is against the kirpans needs to shut up and quit whining. Knives have been around since the beginning of time, and are definitely a reason for the continued thriving of mankind. I do not see what is so intimidating about a piece of metal fixed to a handle. Sikhs carry kirpans from early childhood on, and are very trustworthy and careful with their knives. If more people were raised with weapons, this topic wouldn’t be such a big deal. As long as the wielder is under control, there is nothing to worry about. If an unstable person had a knife, he/she would be discouraged from using it on people if that person knew that others also had knives. It could actually reduce violent crime. So quit bitchin’

Conan the Barbarian, Conan the Barbarian, at 5:45 pm EDT on May 23, 2006

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