On September 27, 2019, when Gurchetan Singh enlisted in Camp Murray, Washington, he read his enlistment oath with Brigadier General Jeremy Horn, commander of the Washington Aviation National Guard. ( Air National Guard photo, Sergeant Tim Chacon)
On Tuesday, three Sikh recruits fought in federal court for an urgent appeal. They hoped to participate in Marines basic training without having to shave in boot camps or give up traditional turbans.
On Tuesday afternoon, the U.S. DC Circuit Court of Appeals heard the debate in the case. Three recruits, Aekash Singh, Jaskirat Singh and Milaap Singh Chahal, are fighting for a preliminary injunction in a lawsuit against Marine Commander David H. Berger, which will allow them to attend recruit training camps without sacrificing religious practices. In August, a federal judge dismissed the two’s preliminary injunction, leading their legal team to urgently appeal this month to the ruling.
"The Marine Corps refused to accommodate Sikh pupils during basic training because it claimed that it would undermine the unified grooming of recruits and ultimately undermine national security," wrote a statement from Becket Law, a nonprofit based in Washington, D.C., which focused on religious freedom cases. "The Sikh recruits here ask the government to provide them with religious accommodation so that they can serve, just as the government provides secular accommodation for others."
In the Sikh faith, many men do not shave or cut their hair, but wear headscarves to neatly organize their hair follicles.
Marines opposed the will of recruits, adding that recruits experienced as similar experiences as possible without considering the extra dress and dress standards so that they can all have an identity, which is an important part of the boot camp experience. "The plaintiffs are seeking special relief and changing the Marines' long-standing training policy," Brian Springer, a federal government attorney, told the judge during a debate on Tuesday. "The plaintiffs did not show any urgency to defend this immediate and exceptional change and invasion of military affairs."
The lawsuit itself demanded that Marine Corps challenge its alleged inconsistent policy application. The Marine Corps has been one of the most unaccommodating departments in terms of grooming standards and overall inclusion in the Department of Defense's reputation and history.
"claims respect for the "personal desire of the Marine Corps," that is, full-body tattoos... fit the image of the Marine Corps, but respecting the loyalty of [four Sikhs] to God is somewhat contrary to the idea of cohesion and unity within the army," the initial complaint filed in April, which included a fourth recruit who is no longer involved in the case.
Two of the recruits hope to attend recruit training camps in September and October. As legal proceedings delayed, their lawyers hoped a preliminary injunction would allow them to train soon after approval.
Recruit lawyers pointed out that both the Air Force in 2020 and the Army in 2017 provided accommodation for Sikh service personnel. To date, the New York-based advocacy group Sikh Coalition and other partner legal groups have passed legal proceedings to seek convenience and exemption for more than 50 service members. "The Marine Corps refuses to align its uniform and grooming policies with the uniform and grooming policies of its sister units, which is not only discriminatory, but also undermines its ability to recruit the best young Americans in the future," said Brian W.Song, partner at BakerHostetler, in a statement.
Beckett Lau and the Sikh League representative told the military. com said they are not sure when a federal judge can comment on an emergency appeal, citing that it may be in the coming months, but that the legal battle in the case may continue for years.
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