What Freedom of Religion really means.

I am stunned by a story I just saw on CNN. They are reporting on a small rural school district in Fort Bend County in south east Texas, that is ordering a five year old boy to cut his hair. Now the boy is Native American and he has never cut his hair. His mother braids his hair every morning and he is the cutest little kid I have seen in a while.

The school district has a rule that boys cannot have long hair and they are sticking by their rules. What is amazing is that they have absolutely no understanding of Native Americans and their Spirituality and their Traditions. I won't go into all of this is depth, because it really is not my place to talk about these subjects. What I wonder is if they would forbid children to wear crosses or other religious symbols. Oh wait, they will never ban anything Christian. But anything that is not Christian would be suspect. I am wondering what they would do about a yamika and just imagine if we were talking about certain unacceptable religious beliefs. Now we are getting into the meat of what the 1St Amendment of the US Constitution actually talks about.

Amendment 1 - Freedom of Religion, Press, Expression. Ratified 12/15/1791. Note CONGRESS SHALL MAKE NO LAW RESPECTING AN ESTABLISHMENT OF RELIGION, OR PROHIBITING THE FREE EXERCISE THEROF; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

I am very concerned when our government, local or federal, tries to impinge upon religious beliefs of it's citizens. Please read the full story at...

http://www.chron.com/disp/story.mpl/5888 151.html



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Re: What Freedom of Religion really means. (2.00 / 4)

This is a lawsuit praying to happen (wink!)

The ACLU should be all over this.


On Nov 4th, we elected "the smart guy" and the world celebrated!
by WashStateBlue on Thu Jul 17, 2008 at 05:52:28 PM EST

Re: What Freedom of Religion really means. (2.00 / 2)

Oh absolutely and the dumb assess at the school district are going to lose. But you cannot imagine the kind of bullshit that goes on around here in regards to Native kids and families. We have a whole lot of Christians who want to save them. Some of these people are downright scary.


The Moose is on the loose. "And I scream at the top of my lungs, what's going on?"
by Hollede on Thu Jul 17, 2008 at 06:07:33 PM EST

Re: What Freedom of Religion really means. (2.00 / 2)

Good catch Hollede.

aww yes small rural Anytown, USA still strictly adhering to the archaic rules of the 1950's.

U.S. Department of Education has said before that students can express their religion freely at school.

Im pretty sure that this kids case falls into the area of expressing his religion.


by alyssa chaos on Thu Jul 17, 2008 at 06:32:18 PM EST

Re: What Freedom of Religion really means. (none / 0)

does that extend to a group like the "God hates Fags" christians??

I wonder . . .


by pholkhero on Thu Jul 17, 2008 at 10:25:48 PM EST
[ Parent ]

Re: What Freedom of Religion really means. (none / 0)

This actually is more likely in violation of the Equal Protection clause. Unfortunately, there's a good chance that a court would NOT see a violation of the Free Exercise Clause here.   Before a 1990 case, the state would have had to have a compelling state interest to impose this kind of burden on religious practices, but recent supreme court opinions have watered that down. Now, as long as the law is generally applicable and doesn't target any particular religious group or practice, it will very likely pass constitutional muster.

Nevertheless, I think a much stronger argument can be made that this constitutes a denial of equal protection--i.e., violating the 14th Amendment. I can't think of any serious reason to prohibit long hair for boys but not girls. And, after the VMI case (U.S. v. Virginia), when the government discriminate on the basis of gender, it must have "an exceedingly persuasive justification." More specifically, the state must show that such discrimination serves "important governmental objectives" and that the discriminatory means employed are "substantially related to the achievement of those objectives." I would love to hear the attorneys for the state defending this policy with a straight face.


by DPW on Thu Jul 17, 2008 at 07:38:44 PM EST

Re: What Freedom of Religion really means. (none / 0)

You may be right, but for some Native Americans, never cutting their hair is sacred. I really can't see anyone forcing them to go against their faith. To me this seems like a perfect example of the state interfering with a religious practice.


The Moose is on the loose. "And I scream at the top of my lungs, what's going on?"
by Hollede on Fri Jul 18, 2008 at 02:16:47 AM EST
[ Parent ]

Re: What Freedom of Religion really means. (2.00 / 2)

no they know all about them and just don't care. Not quite as bad the old Indian schools where they beat the kids if they dared to speak their native language, but not that far from going down that path again...


by zerosumgame on Thu Jul 17, 2008 at 07:51:53 PM EST

Re: What Freedom of Religion really means. (none / 0)

Don't get me started on the boarding schools. Sometimes I wish I could tie some families with generational incest to a certain boarding school, priest or missionary.  


The Moose is on the loose. "And I scream at the top of my lungs, what's going on?"
by Hollede on Fri Jul 18, 2008 at 02:23:21 AM EST
[ Parent ]

I hadn't heard about this. (2.00 / 1)

If the poor kid had just sculpted his hair in the shape of a cross, he probably couldn't have gotten away with it.


Even John McCain lusts after teh engels.
by sricki on Thu Jul 17, 2008 at 08:40:39 PM EST

What if a girl wore a veil (hijab) (none / 0)

I would side with the school in that case. Honor killings may be mandated by somebody's religion, but should be prosecuted as murder in this country.


by catfish2 on Thu Jul 17, 2008 at 09:04:17 PM EST

Re: What if a girl wore a veil (hijab) (none / 0)

Ignore the arguments concerning free exercise of religion for a second. Do you think the gender discrimination inherent in this policy is defensible?

And, regarding religion, do you think the state at least has to have a good reason for imposing policies that unfairly burden certain religious groups? (murder is obviously a compelling reason, but is hair length?)


by DPW on Thu Jul 17, 2008 at 09:12:49 PM EST
[ Parent ]

Re: What if a girl wore a veil (hijab) (none / 0)

Isn't it a bit of a jump from wearing a veil to "honor killings"?

Why do westerners automatically assume that if a women follows Islamic tradition she only does it because she is forced to?


by lolo08 on Fri Jul 18, 2008 at 11:45:40 AM EST
[ Parent ]

Re: What if a girl wore a veil (hijab) (none / 0)

I do not think this way. I do understand, for some, the veil is a significant observation of faith.

I do not think that honor killings are a part of Muslem faith. Rather they are a part of ancient traditions in the region that the Qur'an and Muhammad attempted change. In his time, Muhammad advanced women's rights more than any of his contemporaries.

In my opinion the anti-woman conservative Muslem groups are no better than our home grown religious nuts in the States. It is an absolute shame that intolerant bigots have overshadowed both faiths with stereotypes that do not reflect an accurate picture of the vast majority of these religions.


The Moose is on the loose. "And I scream at the top of my lungs, what's going on?"
by Hollede on Fri Jul 18, 2008 at 03:10:13 PM EST
[ Parent ]

Re: What Freedom of Religion really means. (2.00 / 1)

I recommend Americans United for Separation of Church and State for those interested in this general topic.  http://www.au.org/site/PageServer  The organization joins in law suits to keep government honest.


by strongerthandirt on Thu Jul 17, 2008 at 10:14:12 PM EST

Re: What Freedom of Religion really means. (none / 0)

Thanks for the link.


The Moose is on the loose. "And I scream at the top of my lungs, what's going on?"
by Hollede on Fri Jul 18, 2008 at 02:26:44 AM EST
[ Parent ]

Thanks for this diary... (none / 0)

It still blows my mind as to how crazy this world can be sometime. I mean really, hair? And on top of the fact that it's a siginificant part of religious observation as well. Glad it's gotten media coverage, however; it's a lawsuit waiting to happen and a lawsuit the school district will lose.


Hillary supporter for Barack Obama in 2008
by zcflint05 on Fri Jul 18, 2008 at 10:12:28 PM EST


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