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American Morning

Head Scarf Debate

Aired April 01, 2004 - 08:18   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


HEIDI COLLINS, CNN ANCHOR: The Justice Department is supporting a Muslim student's right to wear a religious head scarf in a public school. Twelve-year-old Nashala Hearn was suspended last year from her school in Oklahoma for wearing the head scarf. Her family sued the school district and now the federal government is backing them in their legal battle.
We're going to hear both sides of this debate this morning.

Joining us from Tulsa, Oklahoma, Nashala Hearn and her attorney, Leah Farish.

Good morning to you, ladies.

Thanks for being with us.

NASHALA HEARN: Good morning.

LEAH FARISH, ATTORNEY FOR NASHALA HEARN: Good morning.

COLLINS: Also with us, John Tucker, attorney for the Muskogee, Oklahoma school district.

Mr. Tucker, thanks to you, as well, for being here.

JOHN TUCKER, ATTORNEY, MUSKOGEE PUBLIC SCHOOL DISTRICT: Thank you.

COLLINS: Ms. Farish, I want to begin with you, if I could. If you could just take us back and tell us a little bit about what happened to Nashala.

Why did the school tell her that she was not able to wear the head scarf any more? I know that she was able to for the first month or so.

HEARN: Right. She had been wearing it without incident for a few weeks and on September 11, she was reprimanded for wearing something that looked like a bandana, they said, which is one of the things forbidden by their dress code. A hejab, or head scarf is not in that list.

But at that time, she and her parents started discussing this with the school district and ultimately she was suspended.

She returned again in a hejab and was suspended again and since then she has been at school, wearing the hejab, under an agreement that the school district says allows them to indefinitely deliberate on whether they are going to make an exception to their dress code or change their dress code.

COLLINS: So then on what grounds are Nashala and her father suing the school?

FARISH: Well, there are several constitutional grounds and state law grounds. But we recently, most recently what triggered the Justice Department's ability to be involved, we found some facts that indicated a violation of the equal protection clause of the constitution.

COLLINS: Well, in fact, you bring up a point -- Mr. Tucker, actually, I want to get to you.

The Hearns are saying that the school is violating Nashala's religious freedom. We have heard this already. But now the U.S. Justice Department, of course, has issued a statement, as we've just been hearing, filed a motion in support of the Hearns.

We want to go ahead and put that on the screen for our viewers. It says: "No student should be forced to choose between following her faith and enjoying the benefits of a public education."

What's your response to that?

TUCKER: It's twofold. Number one, the school district has a dress code which is not a religious-based dress code. This is not a religious issue. For the school, this is about the safety and welfare of the students. A dress code is to ensure that all students are treated equally. The United States Department of Education sets guidelines for dress codes.

In 1955, after Congress passed the Religious Freedom Restoration Act, the United States Department of Education specifically authorized an exception to dress codes and directed schools that yarmulkes and head scarves would be appropriate if worn for religious purpose as a part of a student's religious beliefs.

However, in 1998, those regulations were changed by the United States government because the Supreme Court declared that Religious Freedom & Restoration Act to be unconstitutional. That exception for yarmulkes and head scarves was removed.

The Muskogee school district wants a dress code that applies consistently to all students. And head wear is not permitted because of the opportunities to use headwear to present signs of things that would be considered inappropriate and might lead to gang behavior.

COLLINS: All right, Mr. Tucker, thanks so much.

Nashala, I want to get to you, if I could.

Talk to us just for a moment about how this has felt for you, at the center of quite a controversy here.

Have your friends been helping you out? Have they been supportive to you?

HEARN: Yes.

COLLINS: How so?

HEARN: They just told me that I'm doing a good job in keeping up the work and stuff. And they support me and stuff.

COLLINS: How does it feel, Nashala, to walk through the school, the doors of the school, with your hejab on right now?

HEARN: It feels great for people to know that like they can't, they can suspend me but I'm going to just come back on doing my job.

COLLINS: All right, doing your job at school, as you should be.

Nashala Hearn, thanks so much for being with us this morning.

As well to Leah Farish and John Tucker.

Thanks again, guys.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com


Aired April 1, 2004 - 08:18   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
HEIDI COLLINS, CNN ANCHOR: The Justice Department is supporting a Muslim student's right to wear a religious head scarf in a public school. Twelve-year-old Nashala Hearn was suspended last year from her school in Oklahoma for wearing the head scarf. Her family sued the school district and now the federal government is backing them in their legal battle.
We're going to hear both sides of this debate this morning.

Joining us from Tulsa, Oklahoma, Nashala Hearn and her attorney, Leah Farish.

Good morning to you, ladies.

Thanks for being with us.

NASHALA HEARN: Good morning.

LEAH FARISH, ATTORNEY FOR NASHALA HEARN: Good morning.

COLLINS: Also with us, John Tucker, attorney for the Muskogee, Oklahoma school district.

Mr. Tucker, thanks to you, as well, for being here.

JOHN TUCKER, ATTORNEY, MUSKOGEE PUBLIC SCHOOL DISTRICT: Thank you.

COLLINS: Ms. Farish, I want to begin with you, if I could. If you could just take us back and tell us a little bit about what happened to Nashala.

Why did the school tell her that she was not able to wear the head scarf any more? I know that she was able to for the first month or so.

HEARN: Right. She had been wearing it without incident for a few weeks and on September 11, she was reprimanded for wearing something that looked like a bandana, they said, which is one of the things forbidden by their dress code. A hejab, or head scarf is not in that list.

But at that time, she and her parents started discussing this with the school district and ultimately she was suspended.

She returned again in a hejab and was suspended again and since then she has been at school, wearing the hejab, under an agreement that the school district says allows them to indefinitely deliberate on whether they are going to make an exception to their dress code or change their dress code.

COLLINS: So then on what grounds are Nashala and her father suing the school?

FARISH: Well, there are several constitutional grounds and state law grounds. But we recently, most recently what triggered the Justice Department's ability to be involved, we found some facts that indicated a violation of the equal protection clause of the constitution.

COLLINS: Well, in fact, you bring up a point -- Mr. Tucker, actually, I want to get to you.

The Hearns are saying that the school is violating Nashala's religious freedom. We have heard this already. But now the U.S. Justice Department, of course, has issued a statement, as we've just been hearing, filed a motion in support of the Hearns.

We want to go ahead and put that on the screen for our viewers. It says: "No student should be forced to choose between following her faith and enjoying the benefits of a public education."

What's your response to that?

TUCKER: It's twofold. Number one, the school district has a dress code which is not a religious-based dress code. This is not a religious issue. For the school, this is about the safety and welfare of the students. A dress code is to ensure that all students are treated equally. The United States Department of Education sets guidelines for dress codes.

In 1955, after Congress passed the Religious Freedom Restoration Act, the United States Department of Education specifically authorized an exception to dress codes and directed schools that yarmulkes and head scarves would be appropriate if worn for religious purpose as a part of a student's religious beliefs.

However, in 1998, those regulations were changed by the United States government because the Supreme Court declared that Religious Freedom & Restoration Act to be unconstitutional. That exception for yarmulkes and head scarves was removed.

The Muskogee school district wants a dress code that applies consistently to all students. And head wear is not permitted because of the opportunities to use headwear to present signs of things that would be considered inappropriate and might lead to gang behavior.

COLLINS: All right, Mr. Tucker, thanks so much.

Nashala, I want to get to you, if I could.

Talk to us just for a moment about how this has felt for you, at the center of quite a controversy here.

Have your friends been helping you out? Have they been supportive to you?

HEARN: Yes.

COLLINS: How so?

HEARN: They just told me that I'm doing a good job in keeping up the work and stuff. And they support me and stuff.

COLLINS: How does it feel, Nashala, to walk through the school, the doors of the school, with your hejab on right now?

HEARN: It feels great for people to know that like they can't, they can suspend me but I'm going to just come back on doing my job.

COLLINS: All right, doing your job at school, as you should be.

Nashala Hearn, thanks so much for being with us this morning.

As well to Leah Farish and John Tucker.

Thanks again, guys.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com