Dress Code Policy

In response to increasing violence and gang related crimes in South Fork Consolidated School District, the administrators adopted a strict anti-weapons policy and dress code policy. Kihani Krishan, a middle school student in the district was a member of the Shek religion, which requires males to wear the traditional Shek turban and carry a jeweled dagger as a sign of religious devotion. Kihani, who hoped to be a Shek priest on day, decided to abide by his religious belief and wear his turban and carry his dagger on his belt. When Kihani’s teacher found his dagger and saw him refusing to take off his turban, he was taken to the principal’s office immediately. The school suspended Kihani for five days for violating dress code and indefinitely

However, laws that are of general applicability must too be scrutinized to determine whether they are least restrictive as possible and whether the state has a compelling interest. South Fork Consolidated School District has seen a spike in gang related crimes in their schools, so in order to curb this violence they implemented a dress code policy to stop gang affiliated students from flaunting their colors and harming “guilty” students who did nothing but wear clothing that led to attacks from gang members. While the state does have a compelling interest in preventing gang violence and insuring student safety, this law is not indeed narrowly tailored to this issue. An across the board dress code policy inadvertently hurts students who wear certain articles of clothing in compliance with their faith. South Fork Consolidated School District failed to recognize that allowing exemptions for religious purposes would not compromise the state’s interest in discouraging gang activity. With the information given from the case, it does not seem that Kihani’s turban would symbolize gang membership, or provoke a reaction from gang members. Judge Davis for the Federal Disrict Court elaborated on this by stating, “The turban was also not associating with the gang colors that had provoked violence in schools. Denying Kihani Krishan the liberty to exercise his religious beliefs freely by wearing his turban would be like the state forbidding Catholics from carrying their rosary beads.” Furthermore, the state fails to present clear and convincing evidence that granting an exemption to Kihani would lead to substantial harm to the school’s order and discipline. Thus, we affirm that because the dress code policy is not narrowly tailored and does not provide religious exemptions, it does not protect the fundamental right to exercise