Washington, DC: March 7, 2015: In a first of its kind lawsuit, a decorated Sikh-American soldier has sued the U.S. military, alleging that because of his religious beliefs he is being subjected to “discriminatory” testing that no other soldier in the U.S. Army goes through.
Captain Simratpal Singh, 28 was in December of last year granted a temporary religious accommodation to serve in the U.S. Army while maintaining his Sikh turban, unshorn hair and beard.
The accommodation, a rare exception, was scheduled to remain in effect until March 31, but, in an unprecedented step backward, the U.S. Army recently ordered Singh to report on March 1 for “extraordinary, non-standard additional testing as a precondition for remaining in the Army,” international law firm McDermott Will & Emery, representing Singh, said in a statement.
The firm, along with the Sikh Coalition and the Becket Fund for Religious Liberty, filed the federal lawsuit against the Department of Defense on behalf of Singh, who has earned a Bronze Star for clearing explosives from roads in Afghanistan, and received numerous other military accolades in various positions.
Singh is scheduled to be sequestered for three days to undergo testing that no other soldier in the U.S. Army has ever been subjected to, including the soldiers permitted to maintain beards for medical reasons and previously-accommodated Sikh soldiers, the law firms said.
The New York Times said the tests seek to determine if his helmet would fit over his long hair and if his gas mask could seal to his face.
The lawsuit, which is the first of its kind on behalf of a Sikh officer, demands that the U.S. military continue to accommodate Singh’s Sikh turban, unshorn hair, and unshorn beard and “abandon its unfair and discriminatory” testing.
“For years we have worked to avoid litigation under the guiding belief that the U.S. military would finally do the right thing,” said Amandeep Sidhu, partner at McDermott Will and Emery.
“The U.S. Constitution and the Religious Freedom Restoration Act make it clear that Captain Singh has the right to practice his faith in the military and we are confident that the court will agree,” said Sidhu.
Once the testing is enjoined, Singh seeks a further ruling directing the Army to make his religious accommodation permanent.
“I have so much pride in my Sikh identity and service to my nation,” Singh had said in December after receiving his temporary accommodation. “To feel spiritually whole, while continuing my military career, has always been the dream,” he had said.