Sikh Coalition Files Second Lawsuit Against California Prison System
April 2, 2011 (Washington, DC)

The Sikh Coalition has filed a lawsuit against the California Department of Corrections and Rehabilitation (CDCR) on behalf of Mr. Sukhjinder Singh Basra, a Sikh detainee, who suffered repeated disciplinary sanctions for keeping his religiously-mandated beard uncut. The lawsuit was filed in partnership with the American Civil Liberties Union (ACLU) Foundation of Southern California, the ACLU's Program on Freedom of Religion and Belief, and the law firm Alston & Bird LLP. The ultimate aim of this litigation is to ensure that Sikh detainees, and indeed all others who are required to maintain beards for religious reasons, are able to do so without penalty.

This is the second Sikh Coalition lawsuit against the CDCR. In December 2009, the Coalition filed a lawsuit against California's prison system for failing to hire a Sikh correctional officer job applicant who refused to cut his beard. That lawsuit remains open and is actively being litigated.

Coalition Helps Bring Additional Partners to the Fight

In addition to enlisting the help of the ACLU and Alston & Bird, the Sikh Coalition was able to persuade the U.S. Department of Justice to file a separate lawsuit in order to protect Mr. Basra's religious rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA). This federal law extends basic religious freedoms to detainees and is based on the principle that religious freedom is a fundamental human right.

The Sikh Coalition is grateful to its partners at the ACLU and Alston & Bird for their support, and also to the U.S. Department of Justice for defending Sikh civil rights.

California Governor and Attorney General Still Opposing Sikh Civil Rights

On 27th January 2011 in San Francisco, The Sikh Coalition and several allies publicly urged California Attorney General Kamala Harris to stop fighting against Mr. Trilochan Singh Oberoi, a Sikh who wants to serve as a California Corrections Officer. The Sikh Coalition, Asian Law Caucus, Becket Fund for Religious Liberty, Bay Area Association of Muslim Lawyers and attorneys from Dhillon & Smith, LLP participated in a press conference calling on the Attorney General and Governor Jerry Brown to accept Sikhs into service at the California Department of Corrections & Rehabilitation (CDCR). They were among 34 civil rights organizations from around the country that endorsed a joint letter, initiated by the Sikh Coalition, in support of Mr. Oberoi.

Nearly six years ago, Mr. Oberoi was denied the ability to apply for a job as a prison guard in Folsom, California because of his religiously mandated beard. On November 10, 2008, after a two-day trial, the State Personnel Board’s Appeal Division determined that he suffered unlawful workplace discrimination and asked that his job application be considered “forthwith.” Today, more than two years after a final adjudication in Mr. Oberoi’s favor, he still does not have a job with CDCR. Instead, the Attorney General’s office is using California taxpayer dollars to seek dismissal of Oberoi’s case, even though beard exemptions are made for medical reasons, and even though bearded Sikhs now serve with distinction in the United States Army.

The joint letter to Governor Brown states “We find the California Attorney General’s adversarial posture in this case to be demeaning to religious minorities and utterly inconsistent with your own obligation to defend civil rights for all Californians.” Speaking at the press conference, Eric Rassbach of the Becket Fund for Religious Liberty summed it up poignantly: “Just because someone belongs to a religious minority that is misunderstood by, or frankly just completely unknown to the general public, does not make that person’s conscience any less precious or his dignity any less deserving than the religions that we all know.”

The Sikh Coalition thanks its organizational partners for standing on the side of civil rights. As always, we urge Sikhs everywhere to fearlessly maintain their articles of faith.