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

Through non-legal avenues, such as awareness and outreach efforts, 338 the
discrimination experienced by this minority community, one that espouses basic
American values of equality and civic involvement, will hopefully cease and will not
remerge with increased fervor if there is another act of terrorism on American soil. As
Circuit Judge Frank Easterbrook noted in 2003, “[T]hose who keep heads covered as a
sign of respect for (or obedience to) a power higher than the state should not be . . .
threatened with penalties.” 339 Nor should they be threatened with marginalization,
physical injury, or even death because of a superficial resemblance with our real shared
enemy.
338 In the aftermath of the 9/11 attacks, Sikhs were forced to organize to respond
effectively to threats to the Sikh community and in particular to the Sikh appearance.
Subsequent efforts led to significant achievements in the ability of Sikhs to maintain their
religious identity and to defend their rights when and if that identity is challenged. For
example, Sikh civil rights organizations have kept the Sikh community informed of its
rights and published guidelines explaining how to respond to racial profiling or
harassment in airports or other public space, see, e.g., Sikh Media Watch and Resource
Task Force, SMART Advisory Memorandum on the issue of Illegal Turban Searches at
Airports,
available at http://www.sikhmediawatch.org/pubs/SMART_Advisory_Memo_on_Turban
_Searches_at_Airprots.PDF; Press Release, EEOC Provides Answers About Workplace
Rights of Muslims, Arabs, South Asians, and Sikhs, Equal Employment Opportunity
Commission, May 15, 2002, available at http://www.eeoc.gov/press/5-15-02.html (the
EEOC published guidelines for employers and employees specifically detailing the
workplace rights of Muslims, Arabs, and Sikhs); and the federal government published
posters informing security officials, particularly airport screeners, of how a Sikh turban
and kirpan may be identified; see also DOJ Poster, Sikh Americans and the Kirpan, U.S.
Department of Homeland Security (2006), available at
http://www.saldef.org/anm/articlefiles/1604-SALDEF_DHS_Kirpan_Poster.jpg; see also
USA Patriot Act §1002(a)(5) (These groups also lobbied for a congressional resolution
recognizing that Sikhs have a “distinct religious and ethnic identity” that has become the
target of attacks.). See, e.g. id. at §1002(b)(2), available at
http://www.sikhcoalition.org/Legislative.asp (The resolution notes that Congress
“condemns bigotry and any acts of violence or discrimination against any Americans,
including Sikh-Americans.”).
339 See James, supra note 21, at 958.
60