Sunday, August 31, 2014

Louisiana school hits Rastafarian teen with ‘unlimited suspension’ over his dreadlocks

Although this incident seems to be partially resolved (see update), it is another reminder of the importance of knowing your rights.

According to the ACLU letter:
  • [I]n 2010 Louisiana passed a version of the Religious Freedom and Restoration Act, or “RFRA,” known as the Preservation of Religious Freedom Act. This legislation imposes “strict scrutiny” on any burden on religious liberty, which means that with any such burden the school board must have a compelling interest that it is seeking to achieve, and the burden on religion must be narrowly tailored to achieve that interest. 
  • In 2010 the Fifth Circuit Court of Appeals examined the Texas RFRA’s application to a Native American student’s hair length. The court concluded that it is a violation of the student’s rights to force him to cut his hair or hide his hair in violation of his religious belief. Similar to Native Americans, it is a tenet of the Rastafari religion that men should grow their hair long in dreadlocks, and just as the Native American student in Texas was allowed to attend with long hair, so must John Doe. 
  • Further, as John Doe’s situation involves the right to self-expression, it is what the courts have referred to as a “hybrid claim,” meaning that it involves religion and another fundamental right. This brings it under a heightened standard that has been applied by the district courts in the Fifth Circuit. To pass constitutional muster, Plaquemines Parish will have to prove that the policy furthers an important government interest, and that the restriction is no more restrictive than necessary to further that interest. It is unlikely that the school’s hair length restriction furthers an important government interest and it is certainly not the least restrictive method necessary.
  • The wearing of dreadlocks for John Doe is akin to the wearing of a religious icon by another student. We would object if the school were to tell a Christian student they could not wear a cross or if it were to permit the wearing of religious icons of one faith and prohibited those of another faith. In discriminating against John Doe’s religious beliefs, the school is expressing a preference for certain religions, which is unacceptable. 
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The ACLU of Louisiana has come to the defense of a Rastafarian boy who has been suspended from school and forbidden to return until he cuts his dreadlocks.

The boy was sent home from South Plaquemines High School when classes resumed Aug. 8 because his dreadlocks extended beyond the collar of his shirt, in apparent violation of the school dress code.

After he returned to school the following week with his hair pinned up, school officials told the student his dreadlocks remained in violation.

Rastafarians believe Leviticus 21:5 forbids them to cut their hair, and dreadlocks are central to their religious beliefs.

[,,,]

The student’s mother provided a letter to the school superintendent from the 1st Church of Rastafar I that indicated the boy’s family were members and explained the importance of dreadlocks to their faith.

The superintendent told the teen’s mother that was not sufficient to allow the dreadlocks, and when she asked what documentation would be required, he told the mother he wasn’t a lawyer.


[,,,]

Although the school has not formally suspended the student, he has missed 10 of the first 11 days of the school year over his dreadlocks.

“The actions of the school and Superintendent (Denis) Rousselle are the equivalent of an unlimited suspension,” the ACLU said.

The ACLU said the school had violated the student’s constitutional rights, as well as Louisiana’s Preservation of Religious Freedom Act.

Louisiana school hits Rastafarian teen with ‘unlimited suspension’ over his dreadlocks

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