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http://news.yahoo.com/s/nm/20090513/us_nm/us_craigslist
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DETROIT — The American Civil Liberties Union of Michigan has filed a religious liberty lawsuit on behalf of a ninth-grader who is facing expulsion from a public charter school after he refused to comply with the dress code that requires all male students to maintain “closely cropped” hairstyles.
Claudius Benson, 14, was enrolled in Old Redford Academy in Detroit for three days when he was suspended on grounds that he was not in compliance with the hair provisions of the school’s dress code.
Benson’s mother said she strictly abides by various Old Testament provisions, including a passage in the book of Leviticus that forbids the cutting of hair. Benson has not cut his hair since he was 4 years old.
“Punishing Claudius for practicing his religion is both unnecessary and illegal,” said Kary L. Moss, Executive Director of the ACLU of Michigan. “Students should never have to choose between remaining faithful to their religion and getting an education.”
After Claudius’ suspension, his mother, Alecha Benson, appealed to the school’s governing board and outlined her religious beliefs. To this date, the school has refused to reinstate him.
Before filing suit, the ACLU of Michigan sent a letter to the school’s attorney stating that Old Redford Academy was violating the religion and free speech clauses of The U.S. Constitution and the Michigan Elliot-Larsen Civil Rights Act of 1969.
“We teach our kids about the Bill of Rights, about freedom and about tolerance,” said Alecha. “Today my son is getting a real life lesson. This is about much more than a haircut. It’s about fairness, equality and our religious beliefs.”
The ACLU is asking the court to declare the school’s actions as unconstitutional and grant a special accommodation for Claudius in much the same way that Jewish students who are required to wear a yarmulke. In addition, the ACLU is asking the court to force the school to erase the expulsion from his school records.
Earlier in the year, the ACLU of Michigan settled another case with the Old Redford Academy involving a fifth-grader whose hair was three-fourths of an inch too long.
The ACLU of Michigan said the child was repeatedly punished with detentions and suspensions before he was expelled.
After the ACLU intervened, the school agreed to clear his records and allowed him to return to the school.
Sarge – very good point there! Something I didn’t thing about. If they’re going to support religious freedoms and uphold separation of church state (since charters are I believe a type of public school) then it ought to applied equally.
Pfo – This out ward appearance as a commandment was repeated in the law given to the Nazarene, a razor shall not come upon his head, until the days be fulfilled which he vowed to the Lord: he shall be holy, cherishing the long hair of the head all the days of his vow to the Lord… (Numbers 6:5-6).
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