Skip to main content
CNN.com International
The Web    CNN.com      Powered by
 
 
 
 
 
 
 
 
 
 
 
 
 
ON TV
 
 
 
 
 
 
 
Law
CNN Access

Girl's head scarf fuels debate on religious freedom


story.hearn.farish.jpg
Nashala Hearn and attorney Leah Farish

Story Tools

more videoVIDEO
The Justice Department supports the lawsuit of a Muslim girl who was suspended from school for wearing a head scarf.
YOUR E-MAIL ALERTS
Justice Department
Schools

(CNN) -- The U.S. Justice Department this week backed a Muslim girl's legal battle against an Oklahoma school district over the right to wear a head scarf in a public school.

Nashala Hearn, 12, was suspended twice last year from the Benjamin Franklin Science Academy in Muskogee, Oklahoma, for wearing a head scarf, or hijab, which officials said violated the dress code. CNN anchor Heidi Collins spoke Thursday with Hearn, her attorney, Leah Farish of the Rutherford Institute, and John Tucker, attorney for the Muskogee Public School District.

COLLINS: Ms. Farish, I want to begin with you. If you could just take us back and tell us a little bit about what happened to Nashala.

Why did the school tell her that she was not able to wear the head scarf anymore? I know that she was able to for the first month or so.

FARISH: Right. She had been wearing it without incident for a few weeks, and on September 11, she was reprimanded for wearing something that looked like a bandanna, they said, which is one of the things forbidden by their dress code. A hijab, or head scarf, is not in that list.

But at that time, she and her parents started discussing this with the school district, and ultimately she was suspended.

She returned again in a hijab and was suspended again, and since then she has been at school, wearing the hijab, under an agreement that the school district says allows them to indefinitely deliberate on whether they are going to make an exception to their dress code or change their dress code.

COLLINS: So then on what grounds are Nashala and her father suing the school?

FARISH: Well, there are several constitutional grounds and state law grounds. But we recently, most recently what triggered the Justice Department's ability to be involved, we found some facts that indicated a violation of the equal protection clause of the Constitution.

COLLINS: Well, in fact, you bring up a point -- Mr. Tucker, actually, I want to get to you.

The Hearns are saying that the school is violating Nashala's religious freedom. We have heard this already. But now the U.S. Justice Department, of course, has issued a statement, as we've just been hearing, [and] filed a motion in support of the Hearns.

We want to go ahead and put that on the screen for our viewers. It says: "No student should be forced to choose between following her faith and enjoying the benefits of a public education."

story.tucker.jpg
School district lawyer John Tucker

What's your response to that?

TUCKER: It's twofold. No. 1, the school district has a dress code which is not a religious-based dress code. This is not a religious issue. For the school, this is about the safety and welfare of the students. A dress code is to ensure that all students are treated equally. The United States Department of Education sets guidelines for dress codes.

In 1955, after Congress passed the Religious Freedom Restoration Act, the United States Department of Education specifically authorized an exception to dress codes and directed schools that yarmulkes and head scarves would be appropriate if worn for religious purpose as a part of a student's religious beliefs.

However, in 1998, those regulations were changed by the United States government because the Supreme Court declared that Religious Freedom Restoration Act to be unconstitutional. That exception for yarmulkes and head scarves was removed.

The Muskogee school district wants a dress code that applies consistently to all students. And head wear is not permitted because of the opportunities to use head wear to present signs of things that would be considered inappropriate and might lead to gang behavior.

COLLINS: Nashala, I want to get to you, if I could. Talk to us just for a moment about how this has felt for you, at the center of quite a controversy here.

Have your friends been helping you out? Have they been supportive to you?

HEARN: Yes.

COLLINS: How so?

HEARN: They just told me that I'm doing a good job in keeping up the work and stuff. And they support me and stuff.

COLLINS: How does it feel, Nashala, to walk through the school, the doors of the school, with your hijab on right now?

HEARN: It feels great for people to know that like they can't -- they can suspend me, but I'm going to just come back on doing my job.


Story Tools
Click Here to try 4 Free Trial Issues of Time! cover
Top Stories
CNN/Money: Ex-Tyco CEO found guilty
Top Stories
EU 'crisis' after summit failure

City:

CNN US
On CNN TV E-mail Services CNN Mobile CNN AvantGo CNNtext Ad info Preferences
SEARCH
   The Web    CNN.com     
Powered by
© 2005 Cable News Network LP, LLLP.
A Time Warner Company. All Rights Reserved.
Terms under which this service is provided to you.
Read our privacy guidelines. Contact us.
external link
All external sites will open in a new browser.
CNN.com does not endorse external sites.
 Premium content icon Denotes premium content.