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Sikh American Sues IRS over Ban on
Kirpan
Tagore
lost her job as she refused to remove her kirpan, now Sikh Coalition
fights for her
WSN Network
HOUSTON:
Kawaljeet Tagore, a Sikh American, sued the Internal Revenue Service
(IRS) in Houston federal court on Jan. 6 claiming the IRS
discriminated against her by prohibiting her from wearing a kirpan,
a mandatory article of faith, on her job as a revenue agent at the
Mickey Leland Federal Building in downtown Houston. The lawsuit was
filed in Houston federal district court by the Sikh Coalition, the
Becket Fund for Religious Liberty of Washington, DC and Houston
civil rights attorney Scott Newar. Tagore was fired in July 2006
because she refused to remove her kirpan, a religious item that
initiated Sikhs are required to wear at all times.
The kirpan commonly resembles a sword, and is intended as a
constant reminder to its bearer of a Sikh’s solemn duty to protect
the weak and promote justice for all. “Sikhs around the world wear
their kirpans while serving as government officials. Bureaucratic
short-sightedness and ignorance of
the Sikh
religion are no reason to put a unique ban on kirpans in
Houston,”
said Eric Rassbach, national litigation director at The Becket
Fund. The lawsuit claims that the IRS’s termination of Tagore
violates both the Religious Freedom Restoration Act of 1993 (RFRA)
and Title VII religious employment discrimination rules. It alleges
that the IRS banned the kirpan as a so-called “dangerous weapon,”
even though the government allows hundreds of sharp knives and box
cutters in the Leland Building.
The edge of
Tagore’s kirpan
is three inches long and is not sharp. Government officials banned
Tagore’s kirpan sight unseen, failing to conduct any examination
whatsoever of the kirpan before banning it outright. The Sikh
Coalition is a national civil rights organization that works to
ensure that Sikhs may freely practice their faith. The
Washington-based Becket Fund is a nonpartisan, interfaith, civil
rights law firm dedicated to protecting the free expression of all
religious traditions. Scott Newar is a civil rights lawyer in
Houston. “Sikhs
should be entitled to work for their government, just like any other
American. Historically, attempts to ban wearing the kirpan have been
resisted by Sikhs, just as Christians would likely resist a ban on
wearing crosses,” said Harsimran Kaur, legal director at the Sikh
Coalition. “Kawaljeet Tagore’s kirpan is not a danger to anyone. She
was forced to choose between her religion or her job. That is
unacceptable,” she added.
7 January 2009
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