Sikhs are suing the US Marine Corps for the right to wear their turbans and beards
The Marine Corps has said its strict grooming standards are in place to ensure uniformity and safety. But lawyers for Toor, Milaap Singh Chahal, Aekash Singh and Jaskirat Singh argue that the standards are unevenly applied and violate the men’s religious rights, saying that accommodations granted by other branches of the US military have shown that Sikhs can serve and maintain their articles of faith without issue.
“Assertions that recruits can prove their fidelity to country and comrades only by betraying sacred promises they have made to God are precisely what the First Amendment’s Religion Clauses were designed to avert,” the attorneys state in the lawsuit.
The Marine Corps directed questions about the lawsuit to the Department of Justice, which declined to comment for this story.
‘He basically can’t deploy‘
Toor, who is currently serving as a field artillery officer in Twentynine Palms, California, made the decision to cut his hair and shave his beard when he joined the Marine Corps in 2017 in order to comply with the force’s policies, according to the lawsuit. Once he was selected for a promotion in 2021, he requested a religious accommodation that would allow him to keep his turban and beard.
The Marine Corps responded to Toor’s request “‘sometimes,’ but with exceptions and caveats that render the accommodations meaningless,” the lawsuit said. Initially, he was allowed to keep his hair, but prohibited from wearing a turban while serving in ceremonial duties or combat zones. He was allowed to keep a beard only when he wasn’t deployed or “subject to deployment on short notice.”
Toor appealed that decision, and the Marine Corps ultimately allowed him to wear his articles of faith during ceremonial duties. Still, as it stands, he cannot wear a turban and beard while deployed in areas where he could face hostile fire or imminent danger pay, according to the lawsuit — a list of 39 countries that includes Israel, Uganda and Turkey.
“When you think about the restrictions that are still placed on his accommodation right now, he basically can’t deploy,” Giselle Klapper, senior staff attorney for The Sikh Coalition, told CNN. “He’s a field artillery officer — the nature of what he was trained to do is to deploy, so that’s extremely career limiting. He’s left on the bench right now.”
Milaap Singh Chahal, Aekash Singh and Jaskirat Singh, the three prospective recruits, all requested religious accommodations last year, according to the lawsuit. They were granted a partial accommodation similar to Toor, and were also told that they would have to shave their beards and remove their turbans during boot camp.
“There’s this perception that you can pack up your Sikh faith in a suitcase and then pull it out after basic training and quite frankly, that’s just not the way it works,” Amandeep Sidhu, another lawyer representing the four men, told CNN. “That’s not the way the Sikh faith works. It’s not the way that the laws that apply to the Marine Corps work.”
The four men declined to be interviewed for the story, but Milaap Singh Chahal, Aekash Singh and Jaskirat Singh said in a joint statement that they “remain ready to meet the high mental and physical standards of the Marine Corps because we want to serve our country alongside the best.”
They continued, “We cannot, however, give up our right to our religious faith while doing so — not least of all because that is one of the core American values that we will fight to protect at all costs as proud U.S. Marines.”
Advocates dispute the Marine Corps’ concerns
The Marine Corps has previously justified its grooming and dress standards by citing an interest in maintaining uniformity in its ranks.
In explaining why it denied Jaskirat Singh’s request for an accommodation during boot camp, the Marine Corps said “breaking down individuality and training recruits to think of their team first” was a key part of recruit training, according to the lawsuit.
But in recent years, the Sikh Coalition and its legal partners argue, the Marine Corps has relaxed some standards and embraced diversity in ways that contradict that reasoning. The force currently allows some natural hairstyles for women, and in a memo last year, the Marine Corps updated a policy to allow tattoos on any area of the body besides the head, neck and hands.
Attorneys for Toor and the three recruits also pointed to how the US Army and US Air Force have recently streamlined their processes for religious accommodations and allowed Sikhs serve while maintaining their articles of faith, provided that they conform to certain grooming standards.
“These are guys who just graduated from high school a few years ago, who very specifically want to join the Marines,” Sidhu said, referring to the three recruits. “They could have taken the comparatively easy route and decided to join the Army where dozens and dozens of Sikhs are serving and there’s a track record, but they they wanted to be Marines.”
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