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FIRST FIVE: Protecting religious freedom has a domino effect

Benjamin P. Marcus

By BENJAMIN MARCUS
Freedom Forum Institute

Earlier this month, thousands of people gathered in Houston to mourn the death of Harris County (Texas) Sheriff’s Deputy Sandeep Dhaliwal. Dhaliwal, who was shot dead during a routine traffic stop in a non-hate crime-related ambush, not only served and protected his community as a law enforcement officer — he also served his religious community and country as a champion of religious freedom.

In 2015, Dhaliwal became the first turbaned Sikh law enforcement officer in Harris County after the county added a religious accommodation policy to its uniform regulations. The change was made thanks to advocacy by the Sikh American Legal Defense and Education Fund (SALDEF), the Sikh Coalition and Dhaliwal’s colleague, Deputy Navdeep Singh Nijjar. Previously, on-duty officers could not have a beard or wear a turban — forcing some Sikhs, including Dhaliwal, to make the heart-wrenching decision between their careers and their articles of faith.

Dhaliwal and his colleagues’ success in Texas had a domino effect: the same year Dhaliwal was finally allowed to come to work as his whole self — turban, beard and all — the New York City Police Department (NYPD) reached out to Harris County Sheriff Adrian Garcia to find out how the NYPD could change its own policies to better accommodate observant Sikhs.

But members of minority religious communities have not always been invited enthusiastically to serve without comprising their convictions. Shared experiences of exclusion from public spaces bind marginalized communities together in an “inescapable network of mutuality,” borrowing a phrase from the Rev. Dr. Martin Luther King Jr.

Richard Foltin, senior scholar at the Religious Freedom Center, explains: “Just as Sikhs are confronted with workplaces that place obstacles to their wearing a turban and beard, even though their dress and grooming presents no real impediment to the performance of their jobs, so also observant Jews sometimes face the danger of losing or being denied jobs because they are obligated to wear a yarmulke or a beard or, in a more frequent situation, must take days off from work in observance of the Sabbath or holy days.”

Indeed, an observant Jew pushed down a domino on behalf of religious freedom before Dhaliwal. In 1986, the U.S. Supreme Court ruled in Goldman v. Weinberger that a Jewish Air Force officer did not have a constitutionally protected right to wear a yarmulke while on duty and in Air Force uniform.

In response, Congress included a provision in the 1988 version of the annual National Defense Authorization Act that permits “a member of the armed forces to wear an item of religious apparel while in uniform, except when the secretary of the military department concerned determines that: (1) the wearing of the item would interfere with the performance of military duties; or (2) the item is not neat and conservative.”

Nevertheless, some members of minority religious communities are still forced to decide between serving their country and honoring their religious identities. According to the Sikh Coalition, the U.S. Air Force, Marines and Navy still have policies that prohibit Sikhs and others from wearing certain articles of faith.

But the dominos set in motion by Goldman and Dhaliwal continue to fall. After Dhaliwal’s death, 98 former and current Sikh service members and law enforcement officers delivered letters to the U.S. Department of Defense and national police agencies to advocate for policy changes that would allow members of minority religious communities to serve with dignity.

We all benefit when our workplaces — public or private — become more diverse. In fact, research shows that Americans who personally know someone from a religious community express warmer feelings toward members of that community and they answer more questions correctly about that community on a religious knowledge survey. And as the American Academy of Religion argues, decreasing religious illiteracy can decrease the bigotry and prejudice that plague our communities and fuel violence.

That’s why we need people like Dhaliwal, who fight for everyone’s right to participate fully in public life. In the words of Arsalan Suleman, the Muslim-American president and chair of America Indivisible: Dhaliwal’s story “is significant because he made the Harris County Sheriff’s Office better — better because it had him on the team, better because their policies now were more consistent with U.S. constitutional protections and better because the sheriff’s office became more welcoming to and representative of Houston’s diverse residents. His service, and his triumph, also made his city of Houston better and our country better — because every time there is a triumph like Dhaliwal’s, as a society we get closer to that more perfect ideal to which we aspire.”

On Friday, Sept. 27, America lost a First Amendment hero who reminded us that we serve our entire country when we stand up for our rights. Do you feel a gentle nudge? That’s Deputy Dhaliwal’s legacy pushing you to knock down barriers against religious freedom for the next generation.

Benjamin P. Marcus is religious literacy specialist at the Religious Freedom Center of the Freedom Forum Institute. His email address is: [email protected].

4 hospitalized after rear-end crash of disabled vehicle on Kan. highway

HODGEMAN COUNTY — Four people were injured in an accident just before 9p.m. Sunday in Hodgeman County.

The Kansas Highway Patrol reported a 2008 Chevy Impala driven by Samantha Lobmeyer, 28, Garden City, was eastbound on Kansas 156 fifteen miles east of Jetmore.

The Chevy rear-ended a 2009 Pontiac G5 driven by Makentzee R. Chappel, 20, Garden City, that was disabled and partially in the lane of travel after hitting a deer.

EMS transported Benjamin R. McCaffery, 19, Calahan, Colorado to a Wichita Hospital.
EMS transported Lobmeyer, Chappel and Hunter E. Coronel, 21, Brighton, Colorado, to the Hodgeman County Health Center.

McCaffery and Coronel had been in the Pontiac but were standing outside the vehicle at the time of the accident

Argument over french fries before fatal shooting in Kansas City

Hunter-photo courtesy Jackson Co.

KANSAS CITY (AP) — A 21-year-old Kansas City man has been sentenced to 25 years in prison for the 2017 fatal shooting of a woman stopped at a traffic signal.

Anton Hunter received the sentence Friday after pleading guilty in August to second-degree murder and weapons counts in the April 30, 2017, shooting of 18-year-old Isabell Addison.

Prosecutors say Addison was driving a car and stopped at a red light when a passenger in a black car next to hers began shooting at Addison’s car. Police say the driver of the black car told investigators that she was Hunter’s girlfriend and didn’t know why he shot at the car next to hers. She said that shortly before the shooting, she and Hunter had an argument over french fries.

Sign up for Run/Walk to Help Children Talk

Join us October 19 for the 7th annual Run/Walk to Help Children Talk charity event.

This event will be held at the Fort Hays State University quad outside of the Memorial Union.

Registration begins at 8:15 a.m. with the races beginning at 9:00 a.m.

Prices for early-bird registration are $15.00 for FHSU students, $20.00 for adults, and $10.00 for children. Add $5.00 for registration after October 4, 2019.

Proceeds from the 5K run/walk and 1-mile fun walk will provide client scholarships to children in need of speech/language services and support the purchase of clinic materials for the FHSU Herndon Clinic.

The Run/Walk event is sponsored by the Salina Valley Scottish Rite Masons and the FHSU National Student Speech-Language-Hearing Association.

For event information and registration, please visit our website www.fhsu.edu/runwalk.

– SUBMITTED –

8-year-old Kansas boy hospitalized after struck riding a bicycle

BARTON COUNTY — One person was injured in an accident just after 6:30p.m. Sunday in Barton County.

The Kansas Highway Patrol reported a 2017 Chrysler Pacifica driven by Meredith Anna Joiner, 39, Ellinwood, was westbound in the 400 Block East Santa Fe Boulevard in Ellinwood.

The vehicle struck Andrew Mark McGlynn, 8, Ellinwood, who was crossing the roadway northwest on a bicycle outside of the crosswalk.

EMS transported McGlynn to the hospital in Ellinwood. Joiner was not injured and was properly restrained at the time of the accident, according to the KHP.

Federal agents arrest 3 for drug trafficking in Kansas

TOPEKA, KAN. – Federal charges were unsealed Thursday against three men who are accused of drug trafficking in Topeka, according to U.S. Attorney Stephen McAllister.

McMurray photo Shawnee Co.
Booker photo Shawnee Co.

On Wednesday, federal, state and local law enforcement agencies served search warrants at 13 locations and arrested three defendants as part of the investigation.

Charges have been filed in federal court in Topeka against  James Charles Booker, Jr., 35, Topeka, one count of conspiracy to possess with intent to distribute cocaine; Brett Damon McMurray, 48, Topeka, one count of conspiracy to possess with intent to distribute cocaine and Maurice Ross, 47, Topeka, one count of distributing cocaine.

Ross photo Shawnee Co.

Upon conviction, the crimes carry the following penalties:Conspiracy to possess with intent to distribute crack cocaine: Not less than five years and not more than 40 years in federal prison and a fine up to $5 million, Distributing cocaine: Up to 20 years in federal prison and a f fine up to $1 million.

The Federal Bureau of Investigation and the Safe Streets Task Force of Topeka investigated. Assistant U.S. Attorney Jared Maag is prosecuting.

 

Leland N. Smith

Leland N. Smith, age 89, passed away October 11, 2019 at Great Plains Health, in North Platte, Nebraska.

He was born to Theodore and Mildred (Hanchett) Smith-Elling in Rural Selden, Kansas on July 7, 1930. He was raised in rural Selden and Oberlin. Leland attended elementary school at Belleview Rural School and graduated from Decatur Community High School with the class of 1949. After graduation, he served his country by entering the United States Air Force during the Korean War. On August 31, 1952, he married Eloise Anderson at the Lund Covenant Church, Dresden, Kansas. Leland and Eloise celebrated 67 years of marriage. They raised two children, Marie and Wesley. Leland worked as a carpenter and helped build several houses in the Oberlin area. Leland and his son built the house where the family lives. Leland became a farmer and rancher and worked at it the rest of his life. He was a member of the Oberlin Covenant Church, American Legion Post #70, and Oberlin Country Club.

Leland and his family lived in rural Decatur County and in Oberlin. Leland loved to farm, and he wanted his children to learn the value of hard work. Besides work, Leland’s passion included bowling and golf. In 1984, Leland had open heart surgery to repair two valves. Leland’s surgeon told him if he survived ten years, he would invite him to play golf at Cherry Hills Country Club. Leland surprised his surgeon by surviving another 35 years.

Leland is survived by his wife Eloise of Oberlin; daughter, Marie Stapleton and her husband, John of Aurora, Colorado; son, Wesley Smith of Oberlin; grandchildren, Brian Smith, Lisa Johnson, and her husband Gary, and Jason Warren, and great grand-daughter, Nichole Warren.

He was preceded in death by his parents, Theodore Smith and Mildred Smith-Elling; brother, Clayton Smith; sisters, Melba Hartley, Theodora May Reber, and her husband Johnny; sister-in-law, Phyllis Klich and her husband Jim Klich.

A Funeral Service is planned for Tuesday, October 15, 2019 at Pauls Funeral Home, Oberlin, Kansas at 2:30 P.M. Visitation will be from 1:00 P.M. until 2:30 P.M. Tuesday, October 15, 2019 at Pauls Funeral Home prior to the service. The family will greet friends from 1:00 P.M. until service time. Online condolences may be left at www.paulsfh.com . Memorials may be sent to Paul’s Funeral Home in Oberlin, Kansas.

He would ask you to remember him with good memories and swinging his golf club.

Brent Lee Emery

Brent Lee Emery, age 27, of Topeka passed away Thursday evening October 3, 2019 in Colby, KS. Brent was born August 14, 1992 the son of Gary and Terry Coulter Emery, Jr. Brent attended school at Shawnee Heights High School. He currently was working at Hi-Plains Coop in Gem, Kansas.

Brent is survived by his mother, Terry (David) Hause of Brewster, KS; his father, Gary Emery Jr. of Ellsworth; maternal grandmother, Dorothy Emery of Meriden; maternal grandmother, Sharon Bath of Gypsum, KS; two brothers, Aaron Rhoads of Topeka and Ryan Hause of Brewster, KS; three sisters, Lindsay Koch of Topeka, Taylor Rhoads of Topeka and Hanna Hause of Brewster, KS; aunts, Tracy (Matt) Nicolay and Amy Busey; uncles, Jason Bath and Scott Bath; nephew, Dayton Orester and two nieces, Layla and Maycee Orester; and cousins, Paige and Sloan Nicolay, Wyatt Flewelling, Courtney Coker and Derek Busey.

Memorial service will be Friday, October 11, 2019 at 10:00 a.m. at the Davidson Funeral Home. Memorial contributions may be made to the Helping Hands Humane Society or the Brent Emery Memorial Fund to assist with funeral expenses. davidsonfuneral.com.

Bicyclist completes solo ride of entire Pony Express Trail

Jan Bennett courtesy @Wanderlustbybike

RENO, Nev. (AP) — Jan Bennett learned a lot of lessons on her solo bicycle ride across the entire 2,220-mile Pony Express Trail from St. Joseph, Missouri to Sacramento, California.

She already had endured food poisoning, hail and near misses with tornado weather by the time she made it to a remote stretch of northern Nevada as part of her effort to map out a bike-packing route the historic trail.

But she told the Reno Gazette Journal recently it was a “little bit of a gut check” when she had to walk her bike up a canyon road where the water was scarce.

She remembered a piece of advice she had received about endurance riding: “If you have to cry, cry while you are moving.”

Eleven days later, she pedaled into Sacramento.

Judges block green card denials for immigrants on public aid

NEW YORK (AP) — Federal judges in three states on Friday temporarily blocked Donald Trump’s policy to deny green cards to many immigrants who use Medicaid, food stamps and other government benefits, dealing a setback to one of the president’s most aggressive moves yet to cut legal immigration and make it more based on employment skills than family ties.

The rulings in California, New York and Washington came in quick succession four days before the new rules were set to take effect. The judges ruled in favor of 21 states and the District of Columbia, which challenged the policy almost immediately after it was announced in August.

U.S. District Judge George Daniels in New York said the policy redefined longstanding immigration laws with a new framework that had “no logic.” Allowing the policy to go into effect now, he said, would have a significant impact on “law-abiding residents who have come to this country to seek a better life.”

“Overnight, the rule will expose individuals to economic insecurity, health instability, denial of their path to citizenship and potential deportation,” Daniels wrote. “It is a rule that will punish individuals for their receipt of benefits provided by our government, and discourages them from lawfully receiving available assistance intended to aid them in becoming contributing members of society.”

Ken Cuccinelli, acting director of U.S. Citizenship and Immigration Services, expressed confidence that the administration would eventually prevail and framed the policy as a legal attempt to ensure that those who settle in the United States can support themselves financially.

“An objective judiciary will see that this rule lies squarely within long-held existing law,” Cuccinelli wrote on Twitter. “Long-standing federal law requires aliens to rely on their own capabilities and the resources of their families, sponsors, and private organizations in their communities to succeed.”

White House press secretary Stephanie Grisham added that the rulings were “extremely disappointing” and “the latest inexplicable example of the administration being ordered to comply with the flawed or lawless guidance of a previous administration instead of the actual laws passed by Congress.”

While Trump has focused much of his attention on illegal immigration — including his pledge to build a wall on the Mexican border — he has also trained his sights on curbing legal immigration by moving away from a system that is largely based on family ties. He outlined his plans early in his administration in discussions with Congress to overhaul the nation’s immigration laws, turning to executive actions after those efforts failed.

Just last week, Trump issued a presidential proclamation that says immigrants will be barred from the country unless they are covered by health insurance within 30 days of entering or have enough financial resources to pay for any medical costs. The measure, which is scheduled to take effect Nov. 3, could prohibit the entry of about 375,000 people a year, mainly family members who account for a majority of people getting green cards from abroad, according to the Migration Policy Institute, a nonpartisan think tank.

Friday’s rulings put the policy to deny green cards to more immigrants on government aid on hold while lawsuits proceed. Federal law already requires immigrants seeking to become permanent U.S. residents to prove they will not be a burden on the country — a “public charge,” in legal terms —but the new rules detail a broader range of programs that could disqualify applicants.

On average, 544,000 people apply for green cards every year, with about 382,000 falling into categories that would be subject to the new review, according to the government. Guidelines in use since 1999 refer to a “public charge” as someone primarily dependent on cash assistance, income maintenance or government support.

Under the new rules, the Department of Homeland Security has redefined a public charge as someone who is “more likely than not” to receive public benefits for more than 12 months within a 36-month period. If someone uses two benefits, that is counted as two months. And the definition has been broadened to include Medicaid, housing assistance and food assistance under the Supplemental Nutrition Assistance Program, or SNAP.

Factors like the immigrant’s age, employment status and English-language ability would also be looked at to determine whether they could potentially become public burdens at any point in the future.

While the administration argues that the rule changes would ensure that those gaining legal residency status are self-sufficient, critics say they are discriminatory and would have the effect of barring immigrants with lower incomes in favor of those with wealth. They consider it a betrayal of Emma Lazarus’ words on the Statue of Liberty, “Give me your tired, your poor, Your huddled masses yearning to breathe free.”

New York Gov. Andrew Cuomo called the ruling “an important win for our country (that) sends a clear message that we will not allow these hateful policies imposed by the Trump administration to tear our country apart. Xavier Becerra, California’s attorney general, said it stops a “heartless attempt to weaponize” health care, housing and other essential public services.

Daniels’ ruling in New York was in a lawsuit filed by the states of New York, Connecticut and Vermont. The Washington decision, authored by U.S. District Judge Rosanna Molouf Peterson in Spokane, was in a lawsuit by the state of Washington and 13 others: Colorado, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Rhode Island and Virginia.

U.S. District Judge Phyllis Hamilton in Oakland, California, ruled in favor of California, Maine, Oregon, Pennsylvania and the District of Columbia. Her decision applies only in those states, a moot point because the other two injunctions are nationwide.

Daniels and Hamilton were appointed by President Bill Clinton. Peterson was appointed by President Barack Obama.

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