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08 April 2004

Schoolgirl in Oklahoma Fights for Muslim Identity

U.S. Department of Justice supports right to wear hijab in school

By Afzal Khan
Washington File Special Correspondent

Washington -- Twelve-year-old Nashala Hearn began wearing a hijab, or head scarf, during the summer of 2003 in deference to her Islamic faith. So, when sixth grade began at Benjamin Franklin Science Academy in Muskogee, Oklahoma, on August 18, 2003, she arrived wearing her hijab.

The hijabs were in different colors and styles and were admired by her classmates. Even the school principal complimented her on her attire. Nashala's homeroom teacher offered her the use of an empty room to say her prayers, which amounted to no more than two times during the school day for a total of 20 minutes or so. Her school had no practicing Muslims, but she was allowed to break from classes. The school authorities were fully behind her. Islam instructs its followers to pray five times throughout the day.

But then came the second anniversary of the terrorist attacks on New York and Washington, and on September 11, 2003, Nashala suddenly became the focus of unwanted attention.

According to her father, Eyvine Hearn, 45, Nashala was called to the principal's office that day and told that her hijab violated the school dress code, which banned bandannas and headgear of any kind. Nashala's hijab got categorized as a bandanna. Nashala's parents arrived soon after to confront the principal over the issue. After examining the dress code, Nashala's parents concluded that the regulations did not ban religious attire.

So Nashala's parents went to the assistant superintendent governing the Muskogee school district. The assistant superintendent could not find any further reason than to suggest that Nashala wear only one style of hijab that "they had no problem with." So, Nashala complied and returned to school the same day.

Several days passed. Nashala's prayer-room privileges were revoked on grounds that special provisions for religious practices in school violated U.S. Education Department guidelines that prohibit public schools from supporting religious practices of any kind.

On October 1, 2003, the superintendent ruled that Nashala could not attend school in her hijab and had her suspended for three days. When she came back to school -- still wearing her hijab -- she was suspended for another five days. Her parents then appealed the suspensions but were told that both suspensions would be upheld. The school authorities further told Nashala's parents that if she came wearing the hijab again she would be suspended for a longer period.

By then the Rutherford Institute, a conservative civil liberties group based in Virginia, entered the picture and sued the Muskogee school district, asking the school district to rewrite its dress code to accommodate religious attire.

As a result, Nashala was allowed to resume her classes on October 15, 2003, still wearing her hijab. But even then, she was asked by the principal to wear just one preferred style of hijab. Nashala's parents objected, telling school authorities that Nashala needed to change hijabs just like she would her clothing on any given day. So, Nashala was allowed to wear different hijabs that matched her dress for the day.

On March 30, the U.S. Department of Justice intervened, filing a complaint in the U.S. District Court for the Eastern District of Oklahoma alleging that the school district violated the equal protection clause of the Fourteenth Amendment to the U.S. Constitution, which bars states from applying dress codes in an inconsistent and discriminatory manner. The complaint asked the court to prohibit the school district from discriminating against Nashala, and to have the dress code policy revised to ensure that discrimination on the basis of religion does not continue.

Nashala's father said the court date at the Muskogee federal courthouse is set for September 7. Initially, the case was filed for a token damage of $1 but has since been raised to $80,000 because the lawyer determined that Nashala is still being singled out and watched carefully for any "little infraction" of typical student behavior that could be construed as misconduct leading to another suspension.

Hearn said Nashala lost eight days of school because of the suspensions and "another couple of days" because of emotional stress caused by her ordeal. He noted that there was a dip in her grades because of missing those classes.

However, Nashala herself sounded quiet and optimistic in a phone interview with the Washington File on April 2. She said her close friends and other students in her school have been very supportive of her.

Because she cannot pray in school during the prescribed times, she now makes up by saying extra prayers at home. "I say two in the morning before coming to school," she said.

Nashala said that her favorite subject in school is World Culture and that her course in it would be studying Islam next. She said she did not take part in any sports, but she did "dance ballet."

Asked about what she would do after high school, Nashala said she has no plans for college yet. "I want to be an author of children's books," she added.

Nashala's father, Eyvine, said he converted to Islam about five years ago when the family was living in California.

Hearn and his family attend Friday congregational prayers at the mosque in Tulsa, Oklahoma. On other days, they pray at home. Nashala turned Muslim a year-and-half ago, but her mother and 17-year-old brother converted in October 2003. Another sister, 15, is still "considering" whether to become Muslim, according to Hearn.

Hearn said that as a result of the March 30 intervention by the Department of Justice in the case, he looks forward to a favorable outcome. "I feel great about it," he said.

Hearn said he appreciates the freedom to practice one's religion and its protection guaranteed by the Constitution.

(The Washington File is a product of the Bureau of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)