Hearing on Religious Accommodation Skirts Issue of Sikh Turbans

United States:  A subcommittee of the House of Representatives Armed Forces Committee Jan. 29 discussed new Department of Defense regulations for accommodating religious practices in the U.S. military, but skirted around the issue of uniformly allowing Sikhs to keep their turbans and beards while in service.

New DoD instructions issued Jan. 22 relaxed regulations on acceptable military headwear and grooming practices, ostensibly allowing Sikhs to wear their turbans and beards while serving in the Armed Forces. But the regulations state that those wishing to wear their religiously-mandated clothing and beards must apply for special accommodation which is decided on a case-by-case basis. The DoD said permission will be granted if the religious practice does not interfere with military readiness, mission accomplishment, unit cohesion, and good order and discipline. The nebulously-stated goals were not defined by the DoD in the written regulations.

Army Major Kamal Kalsi, one of the first members of the U.S. military who received religious accommodation in 2010 after an 18-month legal battle with the DoD, told India-West after the hearing that he was happy that the issue of religious accommodation was on the Defense Department’s radar, but said this was the first step in a long process to establish uniform regulations for all Sikhs who wished to serve in the military, but still honor their faith.

“Sikhs should not have to seek special accommodations for articles of faith that are already on the battleground,” said Kalsi, who received a Bronze Star for his service as a physician in Afghanistan.

Kalsi served much of his tour of duty in the Helmand Province, one of the deadliest regions during the war, and said it was an unfair burden to Sikhs to reapply for religious accommodation with every change of assignment. “You can’t take a turban and beard off like a sticker,” he stated, noting that the accommodation could be revoked at any time.

The Sikh Coalition is continuing a series of discussions with the Defense Department and the Pentagon in an attempt to establish a uniform set of criteria for Sikh religious accommodation, rather than the current ad-hoc basis.

The Jan. 29 subcommittee hearing did not specifically address the issue of religious headwear and beards, focusing mostly on the roles of chaplains in the military. But Rep. Joe Heck, a Republican from Nevada, questioned members of the military who testified at the hearing, asking if the new regulations still prevented Sikhs from entering the military.

“It is my understanding that there’s still a presumptive ban on members of the Sikh religion who have to give up their articles of faith, and have to seek new accommodation every time they change assignment,” he said, adding that there was still a question of whether Sikhs could wear their turbans and beards in boot camp, before they received religious accommodation.

Heck, a physician, said he served in the Army with Col. Arjinderpal Singh Sekhon, a fellow physician and one of only two turbaned and bearded Sikhs to serve in the U.S. military before a 1986 ban on religious garb took effect in 1986.

“I served with Col. Sekhon in the 349th Combat Support Hospital,” said Heck. “He seemed to overcome every obstacle the DoD put in his way for effective service,” stated the congressman.

Virginia Penrod, Deputy Assistant Secretary of Defense for Military Personnel, took Heck’s question, saying each request for accommodation would balance the needs of a service member against the goals of mission accomplishment. She said the decision would be determined by each branch of the service, by someone above a three-star level who would determine the safety of the individual and the unit before granting the request.

“There must be a compelling government interest,” stated Penrod.

Heck continued his questions, asking if service members must apply afresh for accommodation every time their assignment was changed and whether new recruits were allowed to wear their turbans and beards in boot camp, before they received religious accommodation.

Penrod said that each military unit has a different level of responsibility, and stated again that a high-ranking service member would make the decision of whether granting accommodation would impact the health and safety of the unit. She added that accommodation could be denied to someone who is already serving.

By Indiawest

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