Kevin J. Hasson

On Law

Jewish World Review / Oct. 27, 1999 /17 Mar-Cheshvan, 5760


The outlawing of
religious symbols


By Kevin J. Hasson

http://www.jewishworldreview.com -- RECENTLY IN A SUBURB of Cleveland, Ohio, a man got into a minor fender-bender with another driver. After making sure no one was hurt, exchanging insurance information and enduring the obvious headache of being in a traffic accident, his day should have continued in a more predictable manner.

But that was not to be since the man was a Sikh priest on his way back from a religious ceremony and required to wear the five symbols of his faith which include a kirpan -- a symbolic, dulled "knife" in a sheath wrapped around his waist. When the police stopped at the scene of the accident and inadvertently discovered the kirpan, they arrested Mr. Bhatia and charged him with carrying a concealed weapon, an offense punishable by six months imprisonment.

The Sikh faith and the symbols Mr. Bhatia is required to wear may seem exotic to some --- they include uncut hair, a hair comb, a bracelet, and special undergarments, in addition to the kirpan. But their meaning is rooted in a centuries-old religion.

The "five k's", as they are collectively referred to, are : the kesh, which reflects the Sikh's belief that growing hair is natural and that it should not be cut from the body, the kangha, a comb which holds the hair in place, the kara, a steel bracelet which represents strength and symbolizes continuity through its round shape, the kach, an undergarment symbolizing sexual restraint, and the kirpan, a symbol of the readiness of a Sikh to do justice and to resist evil, an almost universal tenet of major world religions.



Econophone

The kirpan is not a weapon but merely one of the five reminders of a sikh's beliefs. The prosecutor in this case lacks imagination. He thinks the kirpan is a weapon, no matter what its actual purpose may be. But the statutory law of the State of Ohio defines "deadly weapon" as "any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon". The dulled kirpan is about as capable of inflicting death as a butter knife and was designed as a ceremonial religious symbol, not a weapon.

More importantly, wearing the kirpan is an integral part of Mr. Bhatia's religious expression. As a different court in another part of Ohio found in a very similar case, "Sikhism is an ancient religion now practiced by eighteen million people worldwide. Approximately 150,000 Sikhs live in the United States... [A] central tenet of the Sikh religion requires a baptized follower to wear at all times five symbols of his faith... [A] kirpan is designed and worn as a religion symbol, much as a crucifix, once an instrument of torture, is designed and worn as a religious symbol by Christians."

Which brings up an interesting point: Doesn't this prosecutor have anything better to do? Is Ohio really such a safe place that he can focus his resources, not on guns but on priests wearing religious symbols? Come on.


If the Ohio court determines that the Sikh priest's religious symbol is actually a deadly weapon, it will be a loss for all religious people. Outward signs of faith are essential to just about every religion and should be protected rather than punished. Just recently the Star of David was rescued from being classified as a gang symbol and consequently banned in one Mississippi high school.

And in a prison in Wisconsin -- a place where "getting religion" certainly ought to be welcomed with opened arms -- a one-inch cross was categorized as a contraband weapon. Of course our society does need to protect itself from as many real threats of danger as it can, but the fact that a priest who was on his way home from a religious ceremony now faces a criminal trial and the possibility of serving six months in a state penitentiary for wearing what amounts to a ceremonial butter knife is absurd and should be offensive to believers of all faiths -- and also to the hardworking taxpayers of Ohio.


JWR contributor Kevin Hasson is president of The Becket Fund for Religious Liberty. Let him know what you think by clicking here.


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©1999, Kevin Hasson