by TChris

All it takes is an election year to persuade John Ashcroft's Justice Department to support the Constitution. The Justice Department is siding with sixth grade student Nashala Hearn, who has twice been suspended by the Muskogee, Oklahoma School District for wearing a hijab -- a scarf that covers the head -- to school, in violation of a dress code that prohibits head coverings.

The district says it is merely enforcing its dress code equally. The Justice Department agrees with Hearn that the right to practice a religion without governmental interference trumps the district's dress code. Hearn justly complains that Christian students are allowed to wear crosses while Muslim students aren't allowed to wear the hijab.

The district created the dress code to control "gang" behavior. Nobody argues that Hearn belongs to a gang. The policy isn't narrowly tailored to address the perceived harm, and its application to Hearn plainly violates her right to religious expression. The Justice Department got this one right.