Friday, April 15, 2022

Sikh Marine officer, recruits launch historic lawsuit for religious rights

Marine Captain Sukhbir Singh Toor filed suit vs. the USMC.


A officer and three recruits of the U.S. Marines filed suit against the U.S. Marine Corps saying they were being forced to choose between staying in the service and their Sikh faith.

The Sikh Coalition, Winston & Strawn, and Becket filed suit on behalf of USMC Captain Sukhbir Singh Toor and Marine recruits Milaap Singh Chahal and Aekash Singh. Jaskirat Singh, represented by BakerHostetler, joined the lawsuit.


“Despite more than a year of efforts to engage in good faith, the USMC continues to sideline our clients due to their articles of faith,” said Giselle Klapper, Sikh Coalition Senior Staff Attorney. 

“Treating a Sikh’s beard, a core tenet of the faith, as merely optional is unacceptable. It is time for the USMC to recognize what the U.S. Army, U.S. Air Force, and armed forces around the world already know: Articles of faith do not preclude Sikhs from capable military service.”

The three recruits issued the following joint statement: “We remain ready to meet the high mental and physical standards of the Marine Corps because we want to serve our country alongside the best. We cannot, however, give up our right to our religious faith while doing so--not least of all because that is one of the core American values that we will fight to protect at all costs as proud U.S. Marines.”


All three have been told that they must forsake all of their articles of faith for the duration of their time at boot camp--effectively demanding that they give up their religious beliefs in the name of the USMC’s idea of "uniformity."


Capt. Toor was granted a historic, but incomplete and inadequate, accommodation by the USMC in June of 2021 after first applying for an accommodation in March of that year. Like the pre-accession recruits, his accommodation prohibits him from maintaining his beard when he is serving in a significant portion of the world--including many essential deployment locations for a Marine artillery officer with Capt Toor’s experience and expertise. 

The alleged safety concerns that the USMC is using to justify this restriction have long since been mitigated by other branches of the U.S. Armed Forces and militaries around the world; bizarrely, under the terms of his accommodation, Capt Toor could well be required to shave before being allowed to fight alongside bearded U.S. Soldiers, U.S. Airmen, and allied troops.

“I have proven my commitment to the Corps through my four years of service, and I’m ready to deploy just like any other service member,” said Toor. “I can’t do that, however, as long as I’m left on the bench because of my religious beliefs. I’m prepared to fight for the right to do my job while staying true to my faith with no caveats, asterisks, or discriminatory restrictions.”

To date, the Sikh Coalition, SAVA, and in coordination with other partners have helped more than 50 Sikh Americans in the U.S. Army and U.S. Air Force secure their accommodations; after 12 years of advocacy and legal action--and major policy changes to facilitate religious accommodations in the U.S. Army in 2017 and the U.S. Air Force in 2020--more than 100 Sikh soldiers and airmen serve with their articles of faith and are able to stay safe while doing so, both at home and abroad. 


“When I fought for one of the first religious accommodations for a Sikh Soldier in a generation, I explained that I would gladly sacrifice my life--but not my faith--for my country,” said Dr. Kamal Singh Kalsi, the founder of SAVA and a Lieutenant Colonel in the U.S. Army Reserve, who served in Afghanistan with his turban and beard. 

“This is the same offer that these men are willing to make now. At a time when our Armed Forces need to leverage all available talent to confront a wide range of modern threats, the USMC should bring its policies in line with the U.S. Army and Air Force to let them serve.”

EDITOR'S NOTE: For additional commentary, news and views from an AAPI perspective, follow @DioknoEd on Twitter.

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