| Governor
Schwarzenegger Crushes Kirpan Education Bill with
Surprise Veto
Sacramento, CA (October 11,
2009)
In
a surprise blow to the Sikh community, Governor
Schwarzenegger last night vetoed a bill that would
educate law enforcement officers about Sikh articles
of faith, including the kirpan. The Governor's decision
came as a shock to dozens of organizations, communities
and lawmakers who supported the bill. The veto was
particularly surprising given the unanimous, bipartisan
votes in favor of the bill through both houses of
the legislature (77-0 and 36-0 in the Assembly and
Senate, respectively).
"This loss for the Sikh
community is a reminder of our serious lack of
political clout. After months of hard work and
100% support from our lawmakers, the Sikh voice
was still not strong enough to overcome the whim
of one man. We have been here for over 100 years,
but as a community, we need to learn to exercise
our political muscle and our voting power,"
said Prabhjot Singh, the Sikh Coalition Board
Chairman.
The Bill
AB 504 was introduced in February 2009 by Assembly
member Warren Furutani (D-Long Beach) to use education
to help stem the arrests of Sikhs for carrying
their kirpans in California. Over the last few
years, we have seen an increase in the arrests
of Sikhs nationwide for carrying kirpans. Police
mistakenly believe them to be in violation of
concealed weapons laws. Such arrests violate Sikhs'
rights, waste taxpayer money, and have a traumatic
effect on the person arrested.
AB 504 was our first attempt
to change this dynamic. Though the bill did not
touch on the legality of the kirpan, it asked
that police officers be trained about who Sikhs
are and learn about the significance of the kirpan,
in the hopes that religious understanding would
decrease arrests. While some police and sheriff's
departments have recognized the need for this
type of training and have been conducting it on
an ad hoc basis, this law would have standardized
and mandated the process state-wide. The bill
would have been the first law of its kind in the
United States.
The Governor vetoed the
bill as "unnecessary." His message read,
"It is the policy and practice of the Commission
to periodically review and update existing course
curricula. If the Commission determines that training
on the kirpan is warranted, it can create a program
without this measure."
The veto came despite the
bill's broad endorsement by groups ranging from
the Los Angeles County Sheriff's Department and
party consultants from both sides of the aisle,
as well as several religious and civil rights
groups. Every single California legislator was
in favor of the proposed law. However, numerous
efforts by Sikh community members to outreach
to the Governor's office prior to the bill's consideration
were greeted with no response from the Governor.
We suspect that the final veto was the result
of law enforcement's strong desire to avoid promoting
the acceptance of Sikhs with kirpans.
"The Governor's response
is very disappointing. It shows his lack of support
for promoting religious understanding," said
Neha Singh, Western Region Director of the Sikh
Coalition. "It is an utter shame that he
does not understand the value of educating our
law enforcement agencies on the diverse communities
they are policing."
Kirpan - The Sikh Sword
The Kirpan is an article
of faith that was revealed to the last Sikh prophet,
Guru Gobind Singh, and made mandatory by him for
all initiated Sikhs on March 29, 1699. Attempts
to change the nature of the Kirpan or to restrict
it from the Sikh uniform have always been resisted
by Sikhs in the past, just as impositions against
wearing of the Cross are likely to be resisted
by baptized Christians. A Sikh upon his or her
initiation into the Sikh faith agrees to follow
the Sikh Rehat Maryada, the Sikh code of conduct.
The code of conduct calls to wear a "strapped
Kirpan" that is suspended near one's waist.
The original language of this document is in Punjabi.
An English translation of the requirement in Article
XXIV, (d) states:
". . . The person to
be baptized must have taken a bath and washed
his or her hair and must wear all five K's - Kesh
(unshorn hair), strapped Kirpan (sword), Kachhehra
(prescribed shorts), Kanga (Comb tucked in the
tied up hair), Karha (Steel bracelet) . . ."
The original Punjabi version
of this requirement is explicit. It states that
the Kirpan is to be worn using a gatra (a strap
that enables a kirpan to be suspended near one's
waist or tucked inside one's belt). The implication
of this explicit requirement is that the Kirpan
cannot be worn as a symbol. To neglect to wear
one or more of the Five Ks represents a serious
lapse in the Sikh religion.
The nature or the definition
of Kirpan cannot be changed and The Sikh Coalition
has successfully challenged all such attempts.
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