Singh allowed to wear turban and beard on duty.
AB Wire
Capt. Simratpal Singh of the US Army has won an important legal fight for Sikhs like him and others who abide by their religious articles of faith: the U.S. Army has backed away from its demand that Singh undergo special tests to prove he can safely wear a helmet and gas mask, granting him a waiver to wear the turban and beard required of his faith.
A memorandum to Singh from Assistant Secretary of the Army Deborah Wada abruptly ends a lawsuit brought he filed last month to seek an injunction against the testing, according to a U.S. District Court order, reported Military.com.
In the memo she sent to Singh through his command, Wada said she was granting the religious accommodation request subject to certain limitations and with the understanding the accommodation might be altered or rescinded based on recommendations from his chain of command.
“I may withdraw or limit the scope of your accommodation for reasons of military necessity, including if I cannot confirm that Army protective equipment (to include [Army combat helmet and protective mask) will provide you the intended degree of protection” required for mission, Wada wrote.
“I intend to reevaluate this accommodation in one year and may reevaluate it earlier based upon military necessity if you must be assigned to another unit,” she wrote. “If circumstances require that you be directed to comply fully with [Army uniform and personal grooming standards] you should be prepared to do so.”
Singh filed suit on Feb. 29 after the Army ordered that he undergo special helmet and gas-mask testing at Aberdeen Proving Ground in Maryland.
The court earlier this month placed an injunction on the Army’s plans for the special testing while the case proceeded. The Army’s administrative action effectively ends further legal action in the matter, reported Military.com.
In a statement released Friday morning by The Becket Fund for Religious Liberty, the law firm representing him, Singh expressed gratitude for Wada’s decision.
“I’m proud to be an American soldier,” he said. “More than ever, the military needs to reflect the diversity of our great nation. I’m grateful the Army is allowing me to serve without being forced to compromise my religion.”
Three other Sikh officers are currently serving on active duty in the Army and none of them have had to take the special fitting tests.
Eric Baxter, senior counsel at The Becket Fund, said the officer has “already proven he is willing to sacrifice his life for the freedoms of others.”
Singh, who currently serves with the 249th Engineer Battalion at Fort Belvoir, Virginia, earned a Bronze Star for service in 2012 while in Afghanistan. The citation notes that Singh, then a first lieutenant, performed admirably as the platoon leader on more than 170 route clearance patrols throughout Kandahar Province and demonstrated leadership and personal courage.
When enemy forces breached the defenses of Forward Operating Base Frontenac, Singh “led his platoon in suppressing and eventually counterattacking the heavily armed insurgents. His leadership enabled his platoon to defeat the enemy forces and secure the base without suffering any casualties,” the citation states. “During his combat tour 1LT Singh has set the example as a Combat Leader and a Sapper.”
Baxter said Singh has always been a devout Sikh, including through his time at West Point. But when he failed to get a religious accommodation waiver, then he cut his hair, shaved his beard and wore only standard army headgear.
After 10 years of service, including completing Army Ranger School and combat tours, he decided last October to again seek a waiver, according to Baxter.
“The Army’s feeble arguments are falling apart,” Baxter said. “It’s time to let all Sikhs serve.”
Last week, The Becket Fund filed another lawsuit on behalf of three Sikh men who are scheduled to attend Army basic training in May, and are seeking a religious accommodation before heading off.
Mark Reading-Smith, a spokesman for The Sikh Coalition, a civil rights group that is championing the Sikh men’s cases, said Wada’s decision on Singh “does nothing specifically for [their] cases … That lawsuit will continue.”
The legal action in Singh’s case was to prohibit the military from imposing additional discriminatory testing on him, Reading-Smith said.
“We unfortunately can’t speak to what the Army may or may not do in the future, but the court made it clear that selectively testing Sikhs was a non-starter,” he said.
3 Comments
Capt. Simratpal Singh of the US Army , Thank You for your Service. I am so sorry that the land of the free cannot see fit to let you express your freedoms shy of a lawsuit. I would have no problem serving with you with or without recommended gear. Former US Army Signal Corp, 2nd AD Hell on Wheels veteran.
Discriminatory testing? Or testing to see if he will be a potential liability during a chemical attack? Waivers for garb and beards for religious and hygienic purposes are granted all the time within the military. Why wouldn’t he want to ensure a safe and proper fit of his mission critical gear? I certainly would want him to have proper working equipment if I was a Soldier appointed under him. This coverage seems to be trying to expose a tradition of religious intolerance in the US military which is not a reality or the military as a whole. However, for Servicemembers who know the diversity part of service and sacrifice, or the process of obtaining waivers, there seems to be a more individualized orientation with this case. The nature of the “special testing” also needs to be exposed. It is likely a simple fit test which consists of hooking the mask up to a machine, and putting it on your face, but I can only speculate. Additionally, this would have been paid time because it was ordered. Though military requirements are for clean shaven faces and the value of cohesiveness oriented towards a mission, beards and differing religions abound in the US military, that is part of what makes it great.
Will trust the Army brass to do what we pay them to and manage the situation. Meanwhile, just wanted to say to Capt. Simratpal Singh – thank you for your service.