Are we allowed to wear Kirpan?

[JSingh]

Does anyone know if we can wear kirpan in the universities in California?

[JSingh]

I was searcing and found this post at sikhnet youth forum:

http://www.sikhnet.com/sikhnet/youth.nsf/3...rpan,california

WJKK, WJKF:

For those young amritdhari Sikhs in California, you should know that your right to wear a kirpan in school in protected under a ruling by the U.S. Circuit Court of Appeals for the 9th district. Several years ago, there was a case brought by three amrtidhari children in Livingston against the Livingston Unified School District. The school district suspended the students upon learning that they were wearing kirpans and were told that they could not return until they removed their kirpans. The ACLU took up the case on behalf of the family and argued that the wearing of the kirpan was in fact protected under the 1st amendment of the United States Constitution. After a couple of years of working its way through the courts, it made it to the 9th circuit court of appeals which has jurisdiction for most of the western United States. The justices ruled that the school district had in fact violated the children's 1st amendment right, and must allow the children to return to school provided that the kirpan was worn in a manner so as not to be disruptive the educational process. I would encourage anyone who may be facing a similiar situation to refer to the ACLU's website where you can find additional information by typing in "sikh" or "kirpan" in the Search option. Or you can visit the following link: http://www.aclu.org/news/n061297b.html for additional details.

If you are wearing a kirpan in school, you should try to be upfront with the school administrators as I found this to work the best for me. Educating them is key, but make sure you get your facts straight. If they challenge you, and threaten to suspend or expell you, don't cave in. You have help. While I do not agree with everything the ACLU does, they were a great asset to the Sikh community in California with the whole kirpan issue. I hope this information will be helpful to all young sikhs both here in California and throughout the United States.

WJKK,WJKF!

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REPLY

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THANK YOU Thank you for this information!

-DKK

[Son of Guru Gobind Singh Ji]

I wear a 9 in one under my shirt and haven't had any problems yet. But once a Singh at my college was taken to the dean but he was let go in a while after he explained why he was wearing it and no objection was put onto him

[Cali_Khalsa]

WJKK, WJKF:

I'm actually the one who posted that information on the SNYF a while back. Glad to see that people are finding it helpful.

However, I would add that that particular ruling applied to children in grades K-12. I do not know for sure whether it also applies to state universities and colleges as well.

I know that at UC Berkeley, campus police are aware of the significance of the kirpan and will not cite you provided that it remain hidden and that you do not use it for offensive purposes, at least that is what one of their police officials told me last summer during a training seminar for law enforcement that I helped to conduct. He said that in the past they had a couple of problems with some Sikh youth who wore kirpans and used them during fights that broke out at Bhangra gigs held on campus, but generally they will not say anything provided that you are discreet and are safe about it.

Beyond that, it really just depends on the campus you are going too. Common sense also plays a role here as well...just use your best judgment. If you are in an environment where you feel that no one will mind, then by all means wear it openly and freely. In a lot of cases though, you may find that wearing it underneath is best. A lot of Singhs I know seem to have adopted a "don't ask, don't tell" policy and that seems to work for a lot of us. Kirpan lengths under 9 inches should be okay but keep in mind that post 9/11, a lot of institutions have implemented and/or strengthened their zero tol

erance policies for weapons, so discretion is key here.

If you were to get cited for wearing a kirpan though, chances are that the case will be dismissed, as it is generally accepted within legal circles that this is an article of faith and falls under the protection of the 1st amendment. The Sikh Coalition is your best source for info on this, and I'd encourage you to visit their site if you have any further questions or concerns.

http://www.sikhcoalition.org

-Gurfateh