ACLU, ACLU-NCA, UNITED SIKHS File Suit after U.S. Army Bars Sikh Student from ROTC Due to Beard, Unshorn Hair, and Turban

FOR
IMMEDIATE RELEASE
November 12, 2014

CONTACT:

Art Spitzer, Legal Director, 202-457-0800
Monica Hopkins-Maxwell, 202-457-0800

WASHINGTON – The American Civil Liberties Union, the
ACLU of the Nation’s Capital, and UNITED SIKHS filed a lawsuit today against
the U.S. Army for refusing to allow a Sikh student at Hofstra University to
enlist in the Reserve Officer Training Corps (ROTC) program unless he shaves
his beard, removes his turban and cuts his hair, in accordance with Army
grooming and uniform regulations.

Hofstra sophomore Iknoor Singh requested a religious
exemption from these rules so that he may join ROTC – pursuing his lifelong
dream of serving in the Army – without violating his faith, but Army officials rejected
his request. The lawsuit argues that the Army’s denial of the religious
exemption violates the Religious Freedom Restoration Act (RFRA), which provides
heightened legal protections for religious exercise.

“Our military should strive to welcome and accommodate
recruits of all faiths,” said Heather L. Weaver, senior staff attorney with the
ACLU Program on the Freedom of Religion and Belief. “Religious diversity is a strength, not a
weakness.”

After first claiming, without any evidence, that Mr.
Singh’s requested accommodation would undermine readiness, unit cohesion,
standards, health, safety, and discipline, officials switched tactics and said
they could not rule on Mr. Singh’s request because he had not formally
enlisted. They admit that, once he
enlists, Mr. Singh will have to comply with the rules and violate his faith
“unless and until” an exemption is granted.

“Telling Mr. Singh that he must violate his religion in
order to seek a religious exemption is a classic Catch-22, and is an
independent violation of RFRA,” noted Arthur Spitzer, Legal Director of the
ACLU of the Nation's Capital and co-counsel on the case.

Born and raised in Queens, New York, Singh speaks four
languages (English, Punjabi, Hindi, and Urdu) and hopes to one day become a
military intelligence officer. The
lawsuit, filed in the U.S. District Court for the District of Columbia, asks
the court to order Army officials to permit Mr. Singh to enlist in ROTC while
maintaining his religious practices.

“Choosing between
one’s faith and serving one’s country is a choice that no one should have to
make,” said Singh.

“Sikhs have a rich tradition of military service around
the world, where they are permitted to serve with their articles of faith
intact," Manmeet Singh, a staff attorney with UNITED SIKHS, added. "Our client should not be denied the
honor of joining ROTC merely because of his faith."