A US court has ruled that the Marine Corps cannot refuse entry to Sikhs with beards and turbans, in a major victory for three community recruits who can now join the elite unit’s basic training without having to give up their religious beliefs.
The recruits, Aekash Singh, Jaskirat Singh, and Milaap Singh Chahal, had requested an exemption from a Marines grooming rule requiring them to shave their beards, claiming it was an expression of their religious faith.
The Marine Corps informed three Sikh men that they could only serve if they shaved before beginning basic training.
What is the Case?
In September, they filed an appeal with the United States Court of Appeals for the District of Columbia Circuit after a lower-court judge denied their request for a preliminary injunction, which would have allowed them to enter basic training with their articles of faith.
“They are now suffering and will continue to suffer grave, immediate, and ongoing injuries to their exercise of faith,” a three-judge panel of the United States Court of Appeals ruled here on Friday.
“A federal court has just ruled that Sikhs can keep their religious beards while serving in the United States Marine Corps. Three Sikh recruits who had previously been denied religious accommodations can now enter basic training,” tweeted attorney Eric Baxter, who represented the three men.
“This is a major ruling for religious freedom-for years, the Marine Corps has barred Sikh recruits with religious beards from entry into basic training. The ruling issued today invalidates that rule as a “violation of the Religious Freedom Restoration Act (RFRA),” he said.
“No one should have to choose between serving God and serving their country,” he said in a series of tweets.
Why the Ban?
The Marines’ ban on facial hair applies during basic training and in “combat zones,” which the plaintiffs claimed in court covers over three dozen countries where hazard pay is given, according to the Washington Post.
The Marines claimed that beards would affect “troop uniformity” and recruit appearance, threatening national security.
Judge Millett wrote for the Court that the Sikh recruits “not only have a substantial likelihood of success on the merits-it is difficult to imagine them losing.”
“She pointed out that the Marine Corps has never explained why it cannot provide the same or similar [religious] accommodations that the Army, Navy, Air Force, and Coast Guard do,” Baxter said.
The US Army, Navy, Air Force, and Coast Guard all accommodate Sikhism’s religious requirements.
Male Sikh adherents must not trim their hair or beard while also wearing a kanga (wooden comb), kirpan (small sword), kara (steel bracelet), and a white cotton undergarment (kachera).
“Sikhs have a long history of serving in militaries around the world, motivated by their religious teaching to defend the defenceless. “We are grateful that these Sikh recruits will be able to carry on that tradition—the decision was made just in time for them to begin boot camp,” Baxter tweeted.
“They believe that defending the rights of others is part of their religious duty,” Baxter told National Public Radio (NPR).
“This was also a victory for our national security. “At a time when the Marine Corps is experiencing historic recruiting shortages, the Marines now have access to a new community of Americans who have a history of bravely serving in the military,” he tweeted.
The Marine Corps now allows medically required beards and a variety of hairstyles for women, and it has relaxed its tattoo policy.
NPR reported in 2021 that the Marine Corps planned to address its lack of diversity and retention issues. According to the article, approximately 75% of Marines leave at the end of their four-year term, the highest turnover rate among the military services.
The ruling allows the three men to continue their training while the Marine Corps considers an appeal.
“They really should just recognise that it’s time to make this change and allow all Americans to serve without having to abandon their religious – their core religious belief,” Baxter said.
With inputs from PTI
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