Hijab Incident Highlights Religious Clothing Rules
December 10th, 2019
A ninth grader at Buffalo’s International Preparatory School says that she was forced to remove her hijab at the request of an assistant principal. Rather than follow the suggestion, the student refused and contacted her mother.
When the student’s mother arrived, she was informed by a second assistant principal that it was a requirement of the school district for students to provide proof of practicing the Muslim faith before being permitted to wear a hijab. The chief of staff for Buffalo Schools later commented that it is not a policy for the district to require students to provide proof of religion. Additionally, the chief of staff noted that administrators are always free to inquire more about students’ religious beliefs.
The Hijab Incident in Question
After investigating the event, the assistant principal requested to see proof of the student’s religion because they were familiar with the student from numerous interactions but had never seen the student previously wear a hijab. Additionally, the administrators were concerned about the student’s decision to wear a hijab being seen as a fashion statement or offending other students.
Spokespeople from various Muslim organizations, however, have commented that hijabs are not exclusive to the Muslim faith, that anyone is permitted to wear a hijab at any time, and that many Muslims may choose to wear them some days and not others.
This case highlights some important issues about what teachers as well as students are allowed to wear in school.
Teachers and Religious Clothing in Schools
The issue of what types of religious wear public school teachers can don has been decided differently in different states. As a result, teachers often have no problem wearing discrete pieces of clothing like small crosses that are connected to their religious beliefs. More obvious clothing, however, would be less likely to be found acceptable by the school management.
Students and Religious Clothing in Schools
Schools have often been granted great discretion in establishing dress codes for students. In the 1969 Supreme Court Case of Tinker v. Des Moines Independent Community School District, the Supreme Court found that prohibiting students from wearing armbands as a protest symbol violated their freedom of speech protections. Later in 1993, Congress passed the Religious Freedom Restoration Act, which was designed to create great protection for the individual right to exercise religion.
Years later, however, the Supreme Court found that Congress had exceeded its authority in allowing this statute to stand. Subsequently, 31 states passed laws similar to the Religious Freedom Restoration Act, which allows students to freely wear religious clothing in public schools. Lower courts have consistently upheld certain dress codes provided that they are intended to further compelling government interest, are not related to the suppression of expression, and are the least restrictive means of achieving the government’s goal.
Continuing Reading the Universal Life Church’s Blog
The freedom to express your religion is foundational to the United States Constitution, but more than 200 years later there are still court cases and noteworthy news stories that test this freedom. The Universal Life Church’s blog focuses on describing the most important of these developments to keep our readers well-informed.
