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The Sikh Turban: Post-911 Challenges to This Article of Faith

The Sikh Turban: Post-911 Challenges to This Article of Faith

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IV.<br />

Conclusion<br />

As noted at the outset, this <strong>Article</strong> aims <strong>to</strong> draw attention <strong>to</strong> the state <strong>of</strong> the <strong>Sikh</strong><br />

turban through an analysis <strong>of</strong> how the turban has transformed from an article <strong>of</strong> religious<br />

devotion <strong>to</strong> a cue for violence and object <strong>of</strong> marginalization. Indeed, in various contexts<br />

and settings, <strong>Sikh</strong>-Americans have been subject <strong>to</strong> an unfortunate backlash in which their<br />

distinct appearance has been used as a proxy for the identity <strong>of</strong> a terrorist or terroristsympathizer.<br />

Broader efforts <strong>to</strong> achieve integration by eliminating conspicuous articles<br />

<strong>of</strong> faith from the public sphere have also challenged the <strong>Sikh</strong> identity on indirect grounds.<br />

In this <strong>Article</strong>, we have observed that the American legal system is unlikely <strong>to</strong><br />

protect <strong>Sikh</strong>s from the most common form <strong>of</strong> discrimination—verbal insults such as “bin<br />

Laden,” “raghead,” and “terrorist”—though the nation’s laws may protect <strong>Sikh</strong>s from a<br />

more drastic and wide-reaching policy <strong>of</strong> prohibiting <strong>Sikh</strong>s from wearing turbans in<br />

public schools. <strong>Sikh</strong>s, however, must continue <strong>to</strong> utilize non-legal methods <strong>to</strong> ensure that<br />

discrimina<strong>to</strong>ry activities do not occur in the first place, primarily by educating individuals<br />

who are unfamiliar with the <strong>Sikh</strong> turban or who are likely <strong>to</strong> associate it with terrorism.<br />

Because redress through the courts takes significant time and is not certain <strong>to</strong> produce<br />

desired results, a preventative approach—where <strong>Sikh</strong>s educate others <strong>of</strong> their identity and<br />

commitment <strong>to</strong> fundamental American principles—is likely <strong>to</strong> be the more effective<br />

means by which <strong>Sikh</strong>s are seen as a distinguishable, but still a welcomed, part <strong>of</strong> the<br />

American race. 337<br />

337 See Adarand Construc<strong>to</strong>rs, Inc. v. Pena, 515 U.S. 200, 239 (1995) (Scalia, J.,<br />

concurring in part and concurring in the judgment) (“In the eyes <strong>of</strong> government, we are<br />

just one race here. It is American.”).<br />

59

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