A court granted an order late Thursday night to temporarily halt any nonstandard gas mask and helmet testing for a Sikh Army captain.
Capt. Simratpal Singh sued the Army this week to be able to wear his turban and beard for religious reasons while on active duty after the Army ordered him to undergo testing for his helmet and gas mask that he said was discriminatory.
Late Thursday night, the U.S. District Court for the District of Columbia issued an order granting his temporary request and requiring the Army to stop “any non-standard or discriminatory testing for his helmet and gas mask during the pendency of the litigation.”
“Getting a court order against the Army is huge — it almost never happens,” said Eric Baxter, senior counsel at the Becket Fund for Religious Liberty, which represents Singh. “It goes to show just how egregious the Army’s discrimination against Sikhs is. Thankfully, the court stepped in to protect Captain Singh’s constitutional rights. Now it’s time to let all Sikhs serve.”
Singh, a Bronze Star recipient and West Point graduate, received a temporary exception late last year to be allowed to wear his turban and beard, which was set to expire March 31. He filed the lawsuit after the Army required him to undergo a helmet fitting and three days of gas mask testing, despite the fact that he had just passed the standard mask safety testing.
The Army said the additional testing was ordered because the wearing of a cloth head covering and additional hair bulk could put Singh at greater risk of injury because it could affect the helmet’s “ability to protect an individual from ballistic or blunt forces,” according to the service’s response filed in court.
The information from the additional testing to determine Singh’s safety would be used to make a final decision on whether to grant a permanent religious exemption.
A hearing has been scheduled to address a permanent exemption, the Becket Fund said in a statement.
