Religious liberty is a defining American principle. But what happens when these rights intersect with military service? A lawsuit recently filed in federal court examines that difficult question.
On Monday, Capt. Sukhbir Singh Toor and three other Sikhs sued the Marine Corps over its requirement to shave their beards and remove their turbans. These things are sincere expressions of their religious beliefs. Toor has been granted some accommodations, but he can’t deploy to a combat zone with a beard. The three other men are waiting to go to basic training, but only want to if they can keep their beards and wear their turbans. Their lawsuit alleges that the Marine Corps’s refusal to make religious accommodations violates their constitutional rights.
So far, the Marine Corps has argued that it is unable to grant religious accommodation to the men because of their commitment, especially during basic training, to create a uniform military force. “There is no compelling interest in forcing everyone to be exactly identical,” the attorney representing the men, Eric Baxter, told me. He cited the fact that the Marine Corps has loosened all kinds of restrictions related to outward appearance, such as allowing tattoos everywhere but on the face, head, neck, and hand, allowing women to have certain manicures, and even men to have beards due to medical reasons.
Nevertheless, could wearing a turban and having a beard inhibit a Marine’s effectiveness or hygiene in combat?
The Sikhs argue not. When juxtaposed against the military’s need to maintain a unified fighting force, where does the Constitution’s guarantee of the free exercise of religion and individual rights land? These are the questions this case presents.
Baxter is asking for emergency relief from the court to allow three of his clients to go to basic training and commence their careers without having to “abandon their religion.” There could be a ruling by the end of May.
Nicole Russell is a contributor to the Washington Examiner’s Beltway Confidential blog. She is a journalist in Washington, D.C., who previously worked in Republican politics in Minnesota.
