WASHINGTON,
March 31 (IslamOnline.net & News Agencies) - The U.S. Justice
Department filed on Tuesday, March 30, a court complaint against
Oklahoma education authorities in support of an 11-year-old Muslim
girl who was twice suspended from school for wearing hijab to class.
"We
certainly respect local school systems' authority to set dress
standards, and otherwise regulate their students, but such rules
cannot come at the cost of constitutional liberties," Assistant
Attorney General for Civil Rights Alexander Acosta said in a
statement.
The
department maintained that the Muskogee Public School District's dress
code banning hijab amounts to religious discrimination, reported
Agence France-Presse (AFP).
"No
student should be forced to choose between following her faith and
enjoying the benefits of a public education," Acosta stressed.
"Religious
discrimination has no place in American schools," he added.
The
complain accused the school district of violating the equal protection
clause of the 14th Amendment which bars states from applying dress
codes in a discriminatory manner.
The
justice department also pressed for revising the dress code policy.
It
would be more than six months before the trial is scheduled to begin
in Muskogee, seat of the Eastern District of Oklahoma.
Welcomed
The
Council on American-Islamic Relations (CAIR) praised the government's
support in the case, the CNN said.
"This
move comes in a time when the Muslim community feels like they are
being singled out and their civil rights threatened," a statement
from the group said.
"The
news also sends out a message to the international community,
especially some European countries where the wearing of the head scarf
is being banned, that America will defend its citizens' religious
freedoms," it added.
Dismissal
However,
lawyers for the Muskogee School District filed a motion challenging
the justice department’s complain, reported AFP.
"Our
dress code is enforceable as a matter of law," said DD Hayes, the
school district's attorney.
He
said the school district did not have a chance yet to review the
federal government's intervention.
Hayes
insisted that there "is no federal right to wear religious
attire" in schools.
"We
are in compliance with federal guidelines from the Department of
Education.
"If
they want to change their guidelines, I am reasonably sure we would
change our dress code," he concluded.
The
school’s decision to suspend the girl triggered an outcry from
several heavy weight national rights groups who slammed the suspension
as a violation of the students' rights to free practice of religion.
The
school authorities eventually relented, allowing Hearn to return to
class wearing her hijab in October 2003 but the local authorities
stood firm on their dress code policy, which bans all forms of
headgear.