Civil rights in wartime: The post-9/11 Sikh experience

Civil Rights in Wartime: The Post-9/11 Sikh Experience

Volumn , Issue , 2009, Pages 1-214

  Sidhu, Dawinder S ^a,c   Gohil, Neha Singh ^b  

^a GEORGETOWN UNIVERSITY LAW CENTER   (United States)

^b Sikh Coalition ^*  (United States)

^c HARVARD UNIVERSITY   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 84900294942     PISSN: None     EISSN: None     Source Type: Book    
DOI: None     Document Type: Book

References (296)

1. Hamdan v. Rumsfeld, 548 U.S. 557, 568 (2006).
2. Leti Volpp, "The Citizen and the Terrorist," 49 UCLA L. Rev. 1575, 1590 (2002).
3. Muneer I. Ahmad, "A Rage Shared by Law: Post-September 11 Racial Violence as Crimes of Passion," 92 Cal. L. Rev. 1259, 1330 n. 174 (October 2004)
4. See the video DASTAAR: Defending Sikh Identity, available at , statement of Amardeep Singh, Executive Director, Sikh Coalition.
5. See Abington School District v. Schempp, 374 U.S. 203-226 (1963).
6. "Excerpts from Monday's Supreme Court Rulings," Knight Ridder Newspapers, June 28, 2004, available at .
7. From Khushwant Singh, The Illustrated History of the Sikhs (New Delhi: OUP India) reproduced by permission of Oxford University Press India, New Delhi.
8. Khushwant Singh, The Feminine Principle in the Sikh Vision of the Transcendent (Cambridge: Cambridge University Press, 1993), pp. 30-31.
9. From Khushwant Singh, The Illustrated History of the Sikhs (New Delhi: OUP India), reproduced by permission of Oxford University Press India, New Delhi.
10. From Gurinder Singh Mann, Making of Sikh Scripture (Oxford: OUP, 2001). By permission of Oxford University Press, Inc.
11. See Gen. Sir Charles Gough and Arthur D. Innes, The Sikhs and the Sikh Wars (London: A.D. Innes, 1897), pp. 20-21
12. See, for example, Sir John James Hood Gordon, The Sikhs (Edinburgh: W.Blackwood, 1904), pp. 225-226
13. Amandeep Singh Madra and Parmjit Singh, Warrior Saints: Three Centuries of the Sikh Military Tradition (London: I.B. Tauris, 1999), p. viii.
14. From Gurharpal Singh and Darshan Singh Tatla, Sikhs in Britain: The Making of a Community (London: Zed Books, 2006), pp 31-42. (Used with permission).
15. See U.S. Commission on Civil Rights, Civil Rights Concerns in the Metropolitan Washington, D.C., Area in the Aftermath of the September 11, 2001, Tragedies (June 2003), p. 8.
16. Joan M. Jensen, Passage from India: Asian Indians in North America (New Haven, CT: Yale University Press, 1988), p. 280.
17. Civil Rights Commission Report, p. 8, quoting Patwant Singh, The Sikhs (London: John Murray, 1992), p. 242.
18. See Rahitnama Prahlad Rai and Bhai Nand Lal, "Sikh Code of Conduct No. 14152 bb2," translated in Trilochan Singh, The Turban and the Sword of the Sikhs: Essence of Sikhism (Amritsar: B. Chattar Singh Jiwan Singh, 1997), p. 303
19. See Sikh Reht Maryada, available at .
20. Patwant Singh, The Sikhs (New York: Knopf, 1999), p. 177.
21. Patwant Singh, The Sikhs (New York: Knopf, 1999), p. 178.
22. Patwant Singh, The Sikhs (New York: Knopf, 1999), p. 179.
23. Patwant Singh, The Sikhs (New York: Knopf, 1999), p. 194.
24. Patwant Singh, The Sikhs (New York: Knopf, 1999), p. 197.
25. Patwant Singh, The Sikhs (New York: Knopf, 1999), pp. 214-215.
26. Patwant Singh, The Sikhs (New York: Knopf, 1999), p. 215.
27. Patwant Singh, The Sikhs (New York: Knopf, 1999), p. 216.
28. See W.H. McLeod, "Sikhs and the Turban," in Sikh: Forms and Symbols, ed. Mohinder Singh (Delhi: Manohar, 2000), pp. 95, 103-104.
29. See Manvir Singh Khalsa, "Who Are Sikhs?," Oxford Sikhs (March 20, 2005), available at : "The turban and unshorn hair is part of the Sikh uniform."
30. Ganda Singh, "Importance of Hair and Turban," in ed. Mohinder Singh Sikh: Forms and Symbols (Delhi: Manohar, 2000), pp. 39-43.
31. Kapur Singh, Parasaraprasna (Amritsar: Guru Nanak Dev University, 1989), pp. 130-131.
32. Eli Sanders, "Understanding Turbans: Don't Link Them to Terrorism," Seattle Times, May 27, 2003, available at .
33. See, for example, "The Koh-i-noor Diamond," BBC News, June 6, 2002, available at
34. See I.J. Singh, Being and Becoming a Sikh (Toronto: The Centennial Foundation, 2003), p. 56.
35. See "Why Turban Matters in Punjab Polls," CNN-IBN, February 7, 2007, available at .
36. See Karen McBeth Chopra, comment, "A Forgotten Minority - An American Perspective: Historical and Current Discrimination against Asians from the Indian Subcontinent," Det. C.L. Mich. St. U. L. Rev. 1269, 1275 (Winter, 1995), noting that Sikhs wear "turbans to cover their long hair."
37. For specific instructions on tying a Sikh turban, see "Learn How To Tie Different Sikh Turbans," SikhNet, available at .
38. U.S. Department of Justice, "Common Sikh American Head Coverings," available at .
39. See commentary, "Reflections on September 11: Reconsidering Social Change in the Wake of Tragedy," 26 NYU Rev. L. & Soc. Change 431, 449 (2000-2001)
40. See I.J. Singh, "Sikhs and Sikhism: A View with a Bias," available at
41. See Bill Ong Hing, "Vigilante Racism: The De-Americanization of Immigrant America," 7 Mich. J. Race & L. 441, 446 (2002).
42. See District of Columbia, Maryland, and Virginia Advisory Committees, U.S. Commission on Civil Rights, Civil Rights Concerns in the Metropolitan Washington, D.C., Area in the Aftermath of the September 11, 2001, Tragedies (June 2003), p. 1, available at .
43. Sikh Coalition Database, available at .
44. See Amardeep Singh, remarks at the Commissioners Meeting Open Session, U.S. Equal Employment Opportunity Commission, December 11, 2001, available at
45. Leti Volpp, "The Citizen and the Terrorist," 49 UCLA L. Rev. 1575, 1590 (2002), at 1590.
46. Mark Stromer, note, "Combating Hate Crimes against Sikhs: A Multi-tentacled Approach," 9 J. Gender Race & Just. 739, 740 (2006), at 740.
47. "Osama Becomes a Pain for American Sikhs," The Financial Express, July 10, 2006, available at .
48. Pratheep Sevanthinathan, "Shifting from Race to Ethnicity in Higher Education," 9 Scholar 1, 36 (2006).
49. See Migration Policy Institute, "America's Challenges: Domestic Security, Civil Liberties, and National Unity after September 11" (2003), p. 7, available at
50. Press kit, Divided We Fall, p. 32, available at .
51. Somini Sengupta, "Arabs and Muslims Steer Through an Unsettling Scrutiny," New York Times, September 13, 2001, available at .
52. See, for example, Beth Velliquette, "3 Teens Held in Sikh Assault," The Herald-Sun (Durham, Chapel Hill, NC), April 2, 2004.
53. See generally "Smart Addressing Damaging Sikh Stereotype in Film Dysfunktional Family," Sikh Media and Resource Task Force, March 14, 2003, available at .
54. Chastity Pratt and Melanie Lefkowitz, "Arab, Shik [Sic] Cabbies Offer Free Rides, Volunteers Help Families, Hope to Avoid Harassment," Newsday, September 16, 2001, p. W33.
55. See Sikh Coalition Database, Verbal Abuse category, available at .
56. Sikh Coalition Database, Incident #275, available at .
57. Sikh Coalition, Incident #339, available at .
58. Sikh Coalition, Incident #364, available at .
59. Sikh Coalition, Incident #365, available at .
60. Sikh Coalition, Incident #438, available at .
61. Sikh Coalition, Incident #448, available at .
62. "Attorney General Reilly Obtains Civil Rights Injunction Against Billerica Man Accused of Attacking Sikh Store Clerk," U.S. State News, August 1, 2006.
63. "Editorial: Shop Owner's Tale of Prejudice a Jolt Of Reality," The Herald Bulletin, July 28, 2007, available at .
64. Sikh Coalition Database, Incident #600, available at .
65. Ryan Sabalow, "Man Arrested in Temple Damage," redding.com, March 14, 2007, available at .
66. Jim Shultz, "Suspect to Stand Trial in Sikh Temple Attack," redding.com, April 12, 2007, available at .
67. Tara Bahrampour, "3 Arrested in Arson at Sikh Temple," New York Times, December 18, 2001, available at .
68. Archana Ravinder, "How the Burning of a Sikh Temple Transformed Communities," India Post, October 3, 2004, available at .
69. Neha Singh and Khin Mai Aung, "A Free Ride for Bullies," New York Times, September 23, 2007.
70. Sikh Coalition Database, Incident #10, available at .
71. See Margaret A. Gibson, Accommodation without Assimilation (Ithaca, NY: Cornell University Press, 1988), p. 144.
72. Christina Santucci, "Multi-faith Support for Sikh Teen Victim," Queens Courier, June 14, 2007, available at .
73. Nicole Bode, "Teen Gets no Jail for Anti-sikh Hate Crime," New York Daily News, June 6, 2008, available at .
74. Carrie Melago, "Punched Sikh Gets Apology From Joel Klein," New York Daily News, June 7, 2008, available at .
75. "Coalition Helps End Student's Suffering from Bullying in School," Sikh Coalition, February 27, 2006, available at .
76. Harkirat S. Hansra, Liberty at Stake - Sikhs: The Most Visible, Yet Misunderstood, Minority of America (Bloomington: iUniverse, 2007), p. 4.
77. The report is available at .
78. See Sikh Coalition press release "City Council Members Join Coalition to Release Report and Letter to NYC Schools Chancellor," available at .
79. Press release, Queens County District Attorney's Office, DA Brown, "Five Sentenced to Incarceration in Bias-Related Attack on Sikh Man in Richmond Hill," December 22, 2005.
80. "South Asian American Leaders of Tomorrow, American Backlash: Terrorists Bring War Home in More Ways than One," November 2002, available at .
81. "'We Are Not the Enemy': Hate Crimes Against Arabs, Muslims, and Those Perceived to be Arab or Muslim after September 11," Human Rights Watch, November 14, 2002, available at .
82. See Muneer I. Ahmad, "A Rage Shared by Law: Post-September 11 Racial Violence as Crimes of Passion," 92 Cal. L. Rev. 1259, 1261-1262 (2004).
83. See American Civil Liberties Union of North California, "Caught in the Backlash: Sukhpal and Balbir Singh Sodhi," available at .
84. See Nick Martin, "Sikhs Still Living in Shadow of Sept. 11," East Valley Tribune, September 16, 2006, available at
85. "Man Questioned in Shooting Death of Sikh," CNN, September 16, 2001, available at .
86. Federal Bureau of Investigations, "Protecting Your Civil Rights: Spotlight on Hate Crimes," October 30, 2003, available at .
87. Southern Poverty Law Center, "The Forgotten: Balbir Singh Sodhi," available at .
88. Alvin Powell, "Religious Consciousness Rises in U.S.," Harvard Gazette, February 14, 2002, available at .
89. Michael Kiefer and Jim Walsh, "9/11-tied Slayer Won't be Executed," The Arizona Republic, August 15, 2006, available at .
90. Herbert Lowe, "5 Tried in Sikh's Beating: Prosecutors Call Assault an Unprovoked Hate Crime but Defense Attorneys Say Religious Leader Escalated Fight," Newsday, November 1, 2005, p. A14.
91. Herbert Lowe, "Sikh Testifies in Case," Newsday, November 2, 2005, p. A29.
92. Kenji Yoshino, "Uncovering Muslim Identity," Toward Freedom, November 23, 2005, available at .
93. Mark Stromer, note, "Combating Hate Crimes against Sikhs: A Multi-tentacled Approach," 9 J. Gender Race & Just. 739, 755 (2006) at 755.
94. John Coté, "Hate Crime Alleged in Stabbing of Sikh: Santa Clara Suspect Could Face Life Term if he is Convicted," San Francisco Chronicle, August 2, 2006, available at .
95. Frederick M. Lawrence, Punishing Hate: Bias Crimes Under American Law (Cambridge, MA: Harvard University Press, 1999), p. 157.
96. Jason A. Abel, "Americans Under Attack: The Need for Federal Hate Crime Legislation in Light of Post-September 11 Attacks on Arab Americans and Muslims," 12 Asian L. J. 41, 45 (2005).
97. Stromer, "Combating Hate Crimes against Sikhs," at 757.
98. See Wisconsin v. Mitchell, 508 U.S. 47 (1993), rejecting a First Amendment challenge to a sentencing enhancement for bias-motivated criminal conduct.
99. See, for example, Amnesty International U.S.A, Threat and Humiliation: Racial Profiling, National Security, and Human Rights in the United States, available at .
100. See Charu A. Chandrasekhar, "Flying While Brown: Federal Civil Rights Remedies to Post-9/11 Airline Profiling of South Asians," 10 Asian L. J. 215, 224 (2003) at 224.
101. Bindra v. Delta Airlines (DNJ, September 16, 2003) (complaint).
102. Paige Mudd, "Richmond brewpub shuts out turban wearer," Richmond Times Dispatch, November 25, 2006, available at .
103. Sikh Coalition Database, Incident # 605, available at ; emphasis added.
104. "Sikh Turbans Will be Subject to Heightened Screening at U.S. Airports," Sikh Coalition press release, August 19, 2007, available at .
105. Sikh Coalition press release, "TSA Develops New Procedure for Screening Turbans at U.S. Airports," October 17, 2007, available at .
106. Scott Powers, "Sikh Musician Sues Disney World Over 'Disney Look,' Discrimination," Orlando Sentinel, June 16, 2008.
107. Janna Oberdorf, "The Secret Behind the Magic of Disney," NYU LiveWire, available at .
108. Jaggi v. N.Y. City Police Department, CHR Compl. No. M-E-C-02-1012382-E (NY City Commission on Human Rights, April 28, 2004).
109. James Barron, "Two Sikhs Win Back Jobs Lost by Wearing Turbans," New York Times, July 29, 2004, available at .
110. Sikh Coalition, "Sikh Coalition Challenges NYPD on Rule Disallowing Turbans," available at .
111. Sikh Coalition, "Five More Sikhs to Resist MTA Turban Branding Policy," July 18, 2005, available at .
112. Sikh Coalition, "Petition to MTA New York City Transit," August 16, 2004, available at .
113. Harrington v. New York City Transit Authority et al., No. 05-CV-3341 (EDNY 2005) (Am. Compl.).
114. See Michael W. McConnell, symposium, "Religion in the Workplace: Proceedings of the 2000 Annual Meeting of the Association of American Law Schools Section on Law and Religion," 4 Employee Rts. & Emp. Pol'y J. 87, 98 (2000)
115. See TWA v. Hardison, 432 U.S. 63, 84 (1977)
116. See Ansonia Board of Education v. Philbrook, 479 U.S. 60, 68 (1986)
117. See EEOC v. Sambo's of Georgia Inc., 530 F. Supp. 86, 91 (ND Ga. 1981)
118. See Weber v. Roadway Express Inc., 199 F.3d 270, 274 (5th Cir. 2000)
119. See Bhatia v. Chevron U.S.A., Inc., 734 F.2d 1382, 1384 (9th Cir. 1984).
120. See Jill Mahoney, "Sikh says Fast-food Boss Banned 'Diaper' on Head," Globe and Mail, December 11, 2003, available at .
121. See Bryan P. Cavanaugh, "September 11 Backlash Employment Discrimination," 60 J. Mo. B. 186, 192 (2004).
122. U.S. Equal Employment Opportunity Commission, "Questions and Answers about Employer Responsibilities Concerning the Employment of Muslims, Arabs, South Asians, and Sikhs" (2005), available at .
123. See Huma T. Yunus, note, "Employment Law - Congress Giveth and the Supreme Court Taketh Away: Title VII's Prohibition of Religious Discrimination in the Workplace," 57 Okla. L. Rev. 657, 672 (2004)
124. See Cloutier v. Costco Wholesale Corp., 390 F.3d 126 (1st Cir. 2004),
125. See Heather Payne and Norman Doe, "Public Health and the Limits of Religious Freedom," 19 Emory Int'l L. Rev. 539, 551 (2005),
126. See Debbie N. Kaminer, "Title VII's Failure to Provide Meaningful and Consistent Protection of Religious Employees: Proposals for an Amendment," 21 Berkeley J. Emp. & Lab. L. 575, 628-629 (2000).
127. American-Arab Anti-Discrimination Committee, Report on Hate Crimes and Discrimination Against Arab Americans: The Post-September 11 Backlash, September 11, 2001-October 11, 2002 (Washington, DC: ADC-RI, 2003), p. 43.
128. Jaideep Singh, "Confronting Racial Violence: Sikh Americans Have Been Targeted for Harassment and Attack More than Any Group Since 9/11," Colorlines (Spring 2003), pp. 23-26.
129. Toni Urquhart, "Prisoner bypasses Florida for Vermont," FSU College of Law Research Center Blog, April 8, 2006, available at .
130. Mark Connors, "Imprisoned Sikh secures religious freedom in Vermont," India New England, March 7, 2008, available at .
131. "Immigration Detention Center Reverses Ban after Sikh Coalition Intervenes," Sikh Coalition press release, November 2, 2007, available at .
132. Sikh Coalition, "Making Our Voices Heard: A Civil Rights Agenda for New York City's Sikhs," April 2008, p. 7, available at .
133. See, for example, Sikh American Legal Defense and Education Fund, "Georgia Court Apologizes for Denying Sikh American Man Entrance to Court," available at .
134. See, for example, Sonja Sharp, "Students Rail Scrutiny of Sikh," The Daily Californian, September 24, 2004, available at .
135. See, for example, Ralph Ranalli, "Sikh Student Detained by Secret Service," Boston Globe, July 30, 2004, available at .
136. Sikh Coalition Database, Incident #610, available at .
137. DOJ Settlement Agreement, United States and F & K Management, Inc., d/b/a Hard Times Café and Santa Fe Cue Club, February 28, 2003, available at .
138. See Lisa Petrillo, "Sikh Wants Apology From Bar Owner," Union-Tribune, February 9, 2007, available at .
139. Jeff Overley, "'No Hats' Rule Protested," Orange County Register, February 8, 2007, available at .
140. Rupa Shenoy, "Nightclub Accused of Discrimination," Chicago Journal, August 8, 2007, available at .
141. "U.S. Club Owner Apologises to Sikh Man," Times Of India, August 30, 2007, available at .
142. Michael Burge, "Sikh Pursues Non-admittance to Club," Union-Tribune, August 24, 2007, available at .
143. See Helen Elizabeth Hartnell, "Belonging: Citizenship and Migration in the European Union and in Germany," 24 Berkeley J. Int'l L. 330, 339 (2006).
144. See Helen Elizabeth Hartnell, "Taking on the Veil: West Looks to Assimilation - From Britain to Australia, Unease Grows Over the Separateness of Many of the West's Muslim Communities," Christian Science Monitor, October 20, 2006.
145. Pew Global Attitudes Project, "Unfavorable Views of Jews and Muslims on the Increase in Europe," Pew Research Center, September 17, 2008, available at .
146. See Christine Langenfeld, "Germany: The Teacher Head Scarf Case," 3 Int'l J. Const. L. 86, 93 (January 2005)
147. Henri Astier, "The Deep Roots of French Secularism," BBC News, December 18, 2003, available at .
148. Jacques Robert, "Religious Liberty and French Secularism," 2003 BYU L. Rev. 637, 643 (2003).
149. Charles Lowe, Battles of the Nineteenth Century (London: Cassell, 1897), p. 638.
150. Patrick Tuck, Warfare, Expansion and Resistance (London: Routledge, 1998), p. 153.
151. Amandeep Singh Madra and Parmjit Singh, Warrior Saints: Three Centuries of the Sikh Military Tradition (London: I.B. Tauris, 1999), p. 110.
152. French Prime Minister Jean-Pierre Raffarin, quoted in Elaine Sciolino, "Debate Begins in France on Religion in the Schools," New York Times, February 4, 2004, available at .
153. Henri Astier, "The Deep Roots of French Secularism," BBC News, December 18, 2003, available at .
154. See, for example, Emma Jane Kirby, "Sikh School Sidesteps French Ban," BBC News, September 15, 2007, available at .
155. I.J. Singh, Sikhs and Sikhism: A View With a Bias (Geulph, Ontario: The Centennial Foundation, 1998), p. 112.
156. "UK Sikhs Join 'Headscarf' Protest," BBC News, February 21, 2004, available at .
157. Sciolino, "Bobigny Journal; French Sikhs Defend their Turbans and Find their Voice."
158. "French Sikhs Lambast School Ban," BBC News, September 7, 2004, available at .
159. Elizabeth C. Jones, "Muslim Girls Unveil Their Fears," BBC News, March 28, 2005, available at .
160. "French Sikhs Appeal On Turban Ban," BBC News, March 7, 2006, available at .
161. Amarsect S. Bhachu, "A Shield for Swords" 34 Am. Crim. L. Rev. (1996), at 218.
162. Khushwant Singh and Raghu Rai, The Sikhs (New Delhi: Roli Books, 2004), p. 27.
163. Statements of Lt. General Sir Reginald Arthur Savory, as quoted in Trilochan Singh, The Turban and the Sword of the Sikhs: Essence of Sikhism (Amritsar: B. Chattar Singh Jiwan Singh, 1997), p. 306.
164. Statements of Lt. General Sir Reginald Arthur Savory, as quoted in Trilochan Singh, The Turban and the Sword of the Sikhs: Essence of Sikhism (Amritsar: B. Chattar Singh Jiwan Singh, 1997), p. 303.
165. Amardeep Bassey, "Truth About Racism in the Army," Sunday Mercury, May 20, 2001, p. 16.
166. "Muslim Teacher Loses Veil Appeal," Times Online, March 30, 2007, available at .
167. "Muslim Teacher Loses Veil Appeal," Times Online, March 30, 2007, available at .
168. "Muslim Teacher Loses Veil Appeal," Times Online, March 30, 2007, available at .
169. R. v. Headteacher and Governors of Denbigh High School (2006) UKHL 15, available at .
170. R. v. Headteacher and Governors of Denbigh High School (2006) UKHL 15, available at .
171. Fareena Alam, "Beyond the Veil," Newsweek, November 27, 2006, available at
172. "Muslims Must Feel British - Straw," BBC News, November 2, 2006, available at .
173. "Muslims Must Feel British - Straw," BBC News, November 2, 2006, available at .
174. "Muslims Must Feel British - Straw," BBC News, November 2, 2006, available at .
175. "Veil Teacher 'Should Be Sacked,'" BBC News, October 15, 2006, available at .
176. Tania Branigan and Vikram Dodd, "Muslim Leaders 'Risking Voluntary Apartheid' as Veil Row Escalates," Guardian, October 16, 2006, available at .
177. "Irish Police to Review Turban Ban," BBC News, August 28, 2007, available at .
178. See Fionnan Sheahan, "Sikh Member of the Reserve is Banned from Wearing Turban," Independent.ie, July 7, 2008, available at .
179. Simon Lewis, "The Big Integration Question: Turban or Not Turban?," Independent. ie, August 21, 2007, available at .
180. Simon Lewis, "The Big Integration Question: Turban or Not Turban?," Independent. ie, August 21, 2007, available at .
181. See "Turban Ban Not Racist, Insist Gardaí," Evening Echo, August 23, 2007, available at .
182. Deborah McAleese, "No Turban Ban For Sikh Psni Officers," Belfast Telegraph, August 23, 2007, available at .
183. See Lewis, "The Big Integration Question."
184. "Anger at Irish Police Turban Ban," BBC News, August 22, 2007, available at .
185. "Irish Police to Review Turban Ban," BBC News, August 28, 2007, available at .
186. "Belgium Bans Turban in Schools," The Tribune, September 5, 2005, available at .
187. "Spain's Conservatives Eye Headscarf Ban," Associated Press, February 8, 2008, available at .
188. Alexandra Hudson, "Dutch to Ban Wearing of Muslim Burqa in Public," Reuters, November 17, 2006 available at .
189. PR-Inside, "Court Upholds German State's Ban on Teachers Wearing Head Scarves," Associated Press, June 5, 2007, available at .
190. Stefan Nicola, "German School Bans Foreign Languages," United Press International, January 26, 2006, available at .
191. Silvia Aloisi, "No Face Veils, Italy Tells Immigrants," Reuters, April 24, 2007, available at .
192. Brendan Nicholson, "Pm Rejects Headscarves Ban," The Age, August 30, 2005, available at .
193. Brendan Nicholson, "Pm Rejects Headscarves Ban," The Age, August 30, 2005, available at .
194. Brendan Nicholson, "Taking on the Veil: West Looks to Assimilation - From Britain to Australia, Unease Grows Over the Separateness of Many of the West's Muslim Communities," Christian Science Monitor, October 20, 2006.
195. Mark Rice-Oxley, "Taking on the Veil: West Looks to Assimilation - From Britain to Australia, Unease Grows Over the Separateness of Many of the West's Muslim Communities," Christian Science Monitor, October 20, 2006.
196. "Family Wins Case Over School's Turban Ban," ABC News, September 2, 2008, available at .
197. Bhagat Singh, Canadian Sikhs: Through a Century (New Delhi: Gyan Sagar Publications, 2001), p. 208.
198. Bhagat Singh, Canadian Sikhs: Through a Century (New Delhi: Gyan Sagar Publications, 2001), p. 181.
199. Narindar Singh, Canadian Sikhs' History: Religion, and Culture of Sikhs in North America (Nepean, Ontario: Canadian Sikh Studies Institute, 1994), pp. 71-73.
200. Surj Rattan, "The Slowly Changing Face of Canada's Military," Mehfil (August 2003), p. 62.
201. Mylene Jaccoud, "Ethnicization of the Police in Canada," 14 SPG Can. J. L. & Soc'y. 83, 88 (1999) at 88.
202. Mylene Jaccoud, "Ethnicization of the Police in Canada," 14 SPG Can. J. L. & Soc'y. 83, 88 (1999)at 100.
203. Mylene Jaccoud, "Ethnicization of the Police in Canada," 14 SPG Can. J. L. & Soc'y. 83, 88 (1999) p. 85.
204. Satwinder Gosal, The Quest for Justice: Enforcing the Right to Wear the 5Ks (Toronto: Ontario Society of Sikhs, 1993), available at .
205. "Private Schools Can Reject Hijab," Montreal Gazette, October 5, 2005, p. A5.
206. Jan Wong, "Get Under the Desk," Globe and Mail, September 16, 2006, p. A8.
207. Hubert Bauch, "Jan Wong Was Misguided, Maybe: But Why the Fuss?," Montreal Gazette, October 1, 2006, p. A15.
208. See, for example, Alain Gagnon, Quebec: State and Society (Peterborough, Ontario: Broadview Press, 2004).
209. See, for example, Alain Gagnon, Quebec: State and Society (Peterborough, Ontario: Broadview Press, 2004).p. 18.
210. "Critics: Quebec Town's Conduct Code is 'Xenophobic,'" CTV.CA, January 29, 2007, available at .
211. "Canadian Town of Herouxville Posts Controversial 'Norms' for Immigrants, Like 'No Stoning,'" Fox News, January 30, 2007, available at .
212. "Quebec to Reconsider Integration Of Immigrants," CTV.CA, August 14, 2007, available at .
213. "Montrealers Attend Forum On Reasonable Accommodation," CBC News, February 17, 2007, available at .
214. Kenji Yoshino, "Uncovering Muslim Identity," Toward Freedom, November 23, 2005, available at .
215. Christina Jewett, "Army Rules Deter Sikhs from Joining," Sacramento Bee, February 27, 2004, p. A1, quoting Gurinder Singh Mann.
216. Goldman v. Weinberger, 475 U.S. 503, 507 (1986).
217. Goldman v. Weinberger, 475 U.S. 503, 507 (1986).at 515, Brennan, J., dissenting
218. Goldman v. Weinberger, 475 U.S. 503, 507 (1986).at 521.
219. Goldman v. Weinberger, 475 U.S. 503, 507 (1986).at 527, Blackum, J., dissenting
220. Goldman v. Weinberger, 475 U.S. 503, 507 (1986).at 529, O'Connor, J., dissenting.
221. Goldman v. Weinberger, 475 U.S. 503, 507 (1986).at 519.
222. Sherwood v. Brown, 619 F.2d 47, 48 (9th Cir. 1980).
223. Captain Thomas R. Folk, "Military Appearance Requirements and Free Exercise of Religion," 98 Mil. L. Rev. 53, 62 (1982).
224. Potter v. District of Columbia, No. 01-1189, 2007 WL 2892685 (DDC September 28, 2007).
225. Potter v. District of Columbia, No. 01-1189, 2007 WL 2892685 (DDC September 28, 2007).
226. Zachary Gorchow, "Veil Costs Her Claim in Court," Detroit Free Press, October 22, 2006, p. 1B.
227. Zachary Gorchow, "Veil Costs Her Claim in Court," Detroit Free Press, October 22, 2006, p. 1B.
228. "Women's Veil Case Against Judge Tossed," MSNBC, May 13, 2008, available at .
229. "Florida Appeals Court Won't Allow Veil in Driver's License Photo," Associated Press, September 7, 2005, available at .
230. "Florida Appeals Court Won't Allow Veil in Driver's License Photo," Associated Press, September 7, 2005, available at .
231. "Florida Appeals Court Won't Allow Veil in Driver's License Photo," Associated Press, September 7, 2005, available at .
232. Freeman v. Department of Highway Safety and Motor Vehicles, So.2d, (Fla. App. 5 Dist. 2005).
233. EEOC v. Alamo Rent-A-Car, LLC; ANC Rental Corporation, CIV 02 1908 PHX ROS (2002).
234. "Driver: Bus Policy Barred Muslim's Veil," Washington Post, January 20, 2007, available at .
235. "Philadelphia police can bar officer from wearing Muslim scarf," Associated Press, June 15, 2007, available at .
236. "Teen forced to sit out soccer game because of head scarf," WLS-TV/DT, October 15, 2007, available at .
237. Anne Applebaum, "Veiled Insult," Washington Post, October 24, 2006, p. A19, available at .
238. Editorial, "Europe's Muslims: A year after the French riots, their alienation is growing," Washington Post, October 25, 2006, p. A16, available at .
239. Robin Shulman, "Liaison Strives to Bridge Police, Muslim Cultures," Washington Post, January 24, 2007, available at .
240. Cara Buckley, "New York City Police Seek Trust Among Immigrants," May 31, 2007, available at .
241. Robin Shulman, "Liaison Strives to Bridge Police, Muslim Cultures," Washington Post, January 24, 2007, p. A02, available at .
242. See Kathleen Sullivan, "The New Religion and the Constitution," 116 Harv. L. Rev. 1397 (2003).
243. Stefanie Walterick, "The Prohibition of Muslim Headscarves from French Public School and Controversies Surrounding the Hijab in the Western World," 20 Temp. Int'l & Comp. L. J. 264 (2006).
244. Amarsect S. Bhachu, "A Shield for Swords," 34 Am. Crim. L. Rev. 197, 204 (1996).
245. Thomas Berg, "The New Attacks on Religious Freedom Legislation, and Why they are Wrong," 21 Caradozo L. Rev. 415, 415 (1999).
246. U.S. v. Board of Education for School District of Philadelphia, 911 F.2d 882, 884 (3rd Cir. 1990).
247. Walterick, "The Prohibition of Muslim Headscarves from French Public School" at 267.
248. Walterick, "The Prohibition of Muslim Headscarves from French Public School" p. 269.
249. City of Boerne v. Flores, 521 U.S. 507, 515 (1999).
250. See Kikimura v. Hurley, 242 F.3d 950, 959 (10th Cir. 2001)
251. Gonzales v. O Centro Espirita Beneficente Uniado Do Vegetal, 546 U.S. 418 (2006).
252. Gonzales v. O Centro Espirita Beneficente Uniado Do Vegetal, 546 U.S. 418 (2006).at 421.
253. Gonzales v. O Centro Espirita Beneficente Uniado Do Vegetal, 546 U.S. 418 (2006).at 436.
254. Cutter v. Wilkinson, 544 U.S. 709, 724-726 (2005).
255. Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary, 268 U.S. 510 (1925).
256. See Larson v. Valente, 456 U.S. 228, 252-254 (1982).
257. Jürgen Habermas, "Intolerance and Discrimination," International Journal of Constitutional Law 9 (February 2003).
258. Margaret A. Gibson, Accommodation without Assimilation (Ithaca, NY: Cornell University Press, 1988), p. 162.
259. Sikh Coalition, Hatred in the Hallways: A Preliminary Report on Bias Against Sikh Students in New York City's Public Schools (June 2007), p. 5, available at .
260. Heart of Atlanta Motel, Inc. v. U.S., 379 U.S. 241 (1964)
261. South Asian American Leaders of Tomorrow, American Backlash: Terrorists Bring War Home in More Ways than One (2001), p. 3, available at .
262. Muneer I. Ahmad, "A Rage Shared by Law: Post-September 11 Racial Violence as Crimes of Passion," 92 Cal. L. Rev. 1259, 1261-1262(2004).
263. John Coté, "Hate Crime Alleged in Stabbing of Sikh; Santa Clara Suspect Could Face Life Term if He is Convicted," San Francisco Chronicle, August 2, 2006, p. B10.
264. June Han, "We are Americans Too: A Comparative Study of the Effects of 9/11 on South Asian Communities," Discrimination and National Security Initiative (September 2006), p. 20, available at .
265. See Thomas Ross, "Whiteness after 9/11," 18 Wash. U. J. L. & Policy 223, 237 (2005)
266. See Pew Research Center, "Muslim Americans: Middle Class and Mostly Mainstream" (May 22, 2007), pp. 35-39
267. Matthai Chakko Kuruvila, "9/11: Five Years Later: Typecasting Muslims as a Race," San Francisco Chronicle, September 3, 2006, p. A1.
268. See Khushwant Singh, A History of the Sikhs (Delhi: Oxford University Press, 1978), p. 84.
269. Sikh Coalition, Hatred in the Hallways, p. 5.
270. Neha Singh Gohil and Dawinder S. Sidhu, "The Sikh Turban: Post-9/11 Challenges to this Article of Faith," 9 Rutgers J. L. & Religion 10, 70 (2008).
271. See Rama Lakshmi, "A Ritual Slowly Unravels in India: Alarm Grows as More Sikh Youths Give Up Turbans," Washington Post, March 29, 2009.
272. The clip is available at .
273. Dawinder S. Sidhu, "The Revolution Must Be Televised," Pennsylvania Gazette, March/April 2004.
274. Jack Goldsmith, The Terror Presidency (New York: W.W. Norton, 2007), pp. 67-69, 75.
275. Jack Goldsmith, The Terror Presidency (New York: W.W. Norton, 2007), p. 71; emphasis in original.
276. Kalsi v. New York City Transit Authority, 62 F.Supp.2d 745 (EDNY 1998).
277. Birdi v. UAL Corp., 2002 WL 471999 (ND Ill. 2002).
278. See Georgetown University Law Center Federal Legislation Clinic, Title VII and Flexible Work Arrangements to Accommodate Religious Practice & Belief (2005), available at
279. Federal Bureau of Investigation, 2000 Hate Crime Statistics, p. 9, Table 1.
280. Federal Bureau of Investigation, 2000 Hate Crime Statistics, p. 7, Table 1.
281. Remarks of Attorney General John Ashcroft, September 13, 2001, available at .
282. Speech at the Islamic Center of Washington, DC, September 17, 2001, available at .
283. Remarks to Sikh Community Leaders, September 26, 2001, available at .
284. Report on Enforcement of Laws Protecting Religious Freedom: Fiscal Years 2001-2006 (Department of Justice, 2007), p. 4.
285. U.S. Department of Justice, Civil Rights Division, Common Muslim American Headcoverings, available at .
286. U.S. Department of Justice, Civil Rights Division, Common Sikh American Headcoverings, available at .
287. See .
288. See .
289. See Dewey v. Reynolds Metals Co., 402 U.S. 689 (1971)
290. C. Alan Joyce (ed.), World Almanac and Book of Facts (New York: World Almanac Books, Simon & Schuster, 2009), p. 682.
291. Defendants' Motion in Support of its Motion for Summary Judgment, United States v. New York Transit Authority (EDNY Civil Action No. 04-CV-4237 (SLT)(MDG)) at 24-25, 36.
292. United States' Memorandum in Opposition to Defendants' Motion for Summary Judgment, United States v. New York Transit Authority (EDNY Civil Action No. 04-CV4237 (SLT)(MDG)) at 41.
293. United States' Memorandum in Opposition to Defendants' Motion for Summary Judgment, United States v. New York Transit Authority (EDNY Civil Action No. 04-CV4237 (SLT)(MDG)) at 41.
294. Diaz v. Pan Am. World Airways, 442 F.2d 385, 389 (5th Cir.), cert. denied, 404 U.S. 950 (1971).
295. Bradley v. Pizzaco of Nebraska, Inc., 7 F.3d 795 (8th Cir. 1993).
296. EEOC Compliance Manual, Section 12II-B (July 22, 2008).