The Period 4 Court Ruling

Chief Justice Austin Huang delivered the opinion of the court. 

In a 8 to 1 ruling, the court hereby declares Provision 4 of the Titanville Unified School District’s kirpan policy constitutional on the grounds that it does not violate the first amendment’s free exercise clause. 

Those ruling in favor of the majority opinion were Chief Justice Austin Huang and Associate Justices Oliver Sheen, Jack Liu, Allison Chiang, Claire Malhotra, Charlene Wu, Bryson Smith, and Daniel Hernandez.

Those ruling in favor of the majority opinion were:

Chief Justice Austin Huang

Provision 4 of the Titanville School District should be declared constitutional because metal Kirpan is a weapon that is no different from a dagger. Unless the kirpan is in a sheath, it provides a risk for both the faculty and the student body. 

Associate Justice Bryson Smith
Provision 4 is constitutional because the end question is that we the public simply do not know whether if they will use it as a weapon. We cannot predict the future, so the safest course of action is to just keep Kirpans out of school. And if they bring Kirpans to school, not only will they have to opportunity to hurt someone, they can severely injure people

Associate Justice Jack Liu
Provision 4 of the Titanville School District should be declared constitutional because metal Kirpan is simply a weapon, and it is no different from a dagger, which could inflict body damage to other persons. Nevertheless, children’s self controls and consciousnesses are relatively low compared to adults’. There are certain chances that sikh students might use Kirpan as a tool to offend someone else. Since the Titanville School District had already allow student to bring nonmetal Kirpan, the religious freedoms of sikh students in the school district are not violated. 

Associate Justice Daniel Hernandez
Provision 4 of the Titanville School District should be declared constitutional because it is too risky and dangerous to bring metal Kirpans to public areas.  It could be used as a weapon and possibly injure others when it is not in its sheath.  Although it is used for a religious reason, it can be practiced at home or a place where others share the same tradition.  A kirpan is technically no different from a sword, dagger, scissor, or knife.  Therefore, if those potential weapons cannot be brought to public areas like schools, then kirpans should not be either.

Associate Justice Oliver Sheen
Provision 4 of the Titanville School District should be declared constitutional because allowing kirpans to be brought to school can pose a serious threat to other students and faculty.  Although the kirpan holds the intent of self-defense and was only designed for religious practices, it really is no different from a dagger that can be used to harm others.  In addition, placing the kirpan in a sheath is not a foolproof way of preventing the kirpan from being used as a weapon, so I believe that it is just best if the kirpan is kept at home.

Associate Justice Claire Malhotra
Provision 4 of the Titanville Unified School District should be declared constitutional because the safety of the all the students at the school is at stake. Being able to carry a kirpan at school is important to the Sikhs, but perhaps not as important as the overall safety of the students that attend classes in the school district.  The kirpan is a dagger, which can be used to injure others, and trusting a young person with such a dangerous object is not safe for all concerned, and so in order to keep the best interests of everybody in mind, metal-bladed kirpans should be left at home. Furthermore, the school has not banned all kirpans. Students are allowed to bring kirpans with cardstock blades, which still allow Sikh students to have their kirpans and not risk the safety of those around them.

Associate Justice Charlene Wu
I believe that Provision 4 of the Titanville Unified School District should be declared constitutional. The respondent’s arguments were very compelling. Also, the most important facet of this controversy is the safety of the students. The kirpan is in fact usable as a weapon and if they were allowed in school in the hands of immature minors then the safety of their peers would be at risk. The respondent gave examples of cases which allowed kirpans in school and that backfired resulting in injury to other students. So, by declaring Provision 4 constitutional the school is a safer place.

Associate Justice Allison Chiang
Provision 4 is rightfully declared constitutional for several reasons. One of which being to ensure the safety of children in public schools. The second and more important reason is to prevent religious or political controversy and friction which can lead to revolution or uprising.

Those ruling in favor of the minority opinion were:

Associate Justice Max Abughazaleh 

Provision 4 of the Titanville School district should be declared unconstitutional because according to the constitution the government cannot keep people from practicing their own religion.  Due to the fact that this was in a public school that clearly violates the Constitution.  

Why Provision #4 Should Be Declared Constitutional

My name is Mira Hu, and I'm a student in Mr. Paccone's 5th period Government class. In preparation for a practice mock hearing, I wrote up the following detailing my arguments as the attorney for the respondent.

Provision #4 of the Titanville Unified School District should be declared constitutional and thereby Sikh’s should to be told directed that they are not allowed to bring a metal bladed kirpan to school for three different reasons:

First, Sikh’s should not be allowed to bring a metal bladed kirpan to school because a kirpan is a knife and therefore a potential weapon. The presence of a weapon, even if it is not used, creates an atmosphere of tension and hostility. Even if there is no intent to harm, the possibility of harm is present. For example in this case where the kirpan was found through a brief tussle with other students, the kirpan could have injured a student when it fell. If other student’s right to life is threatened by another’s right to free exercise, the free exercise clause is negated.

Another reason why Sikh’s should not be allowed to bring a metal bladed kirpan to school is because the school has a zero-tolerance policy against knives. The policy against kirpans is not going against only kirpans; it applies to all knives. If the school district allows kirpans onto the campus, the school district will control and order within the school because if kirpans are allowed, other students may want to be allowed to carry switchblades or other types of knives onto campus.

Lastly, Sikh’s should not be allowed to bring a metal bladed kirpan to school because the school district has already provided an alternative solution to the problem. The school district already had a policy involving kirpans that was approved by parents, teachers, and various scholars of Sikhism. This is a policy that the parents and the child knew about and presumably signed off on, signaling that they agreed to abide by the policy. If they felt that the policy was unconstitutional, they should have protested it from the beginning.

A Mother's Opinion

The other night, at dinner, I told my mom about what we're doing in my US Government class regarding the case of Doe v. Titanville Unified School District.

This is a court case between a young boy's family and the Titanvillie Unified School District over the suspension of a fifth grader for carrying a kirpan, which is a ceremonial dagger carried by people of the Sikhs religion.

As I was telling her the details of the case she grew more and more concerned.  

Because my mother herself is Agnostic and therefore not of the Sikhs religion and because she has two daughters who were raised in an Episcopalian school, I thought she would be on the side of the Titanville Unified School District.

Instead she said she was outraged by the blatant disregard for a religious practice that is so important to Sikhs.

Although my sister and I are well out of fifth grade, I think that if we were in the same class as a Sikh child she would hope that they could be allowed the same religious freedom as my sister and I.

She said that there will always be an isolated incident like the one referred to in Doe v. Titanville but that can't keep us from religious freedom.

From the mouth of a mother, “The suspension of a fifth grader for possessing a kirpan should be declared as unconstitutional."

Photographs of a Few Other Kirpans

While these kirpans may look dangerous, I learned online today that the word "kirpan" actually comes from the root words "kirpa," meaning compassion, kindness, and mercy, and "aanaa," or honor, grace, and dignity. Therefore, despite looking dangerous, I think, given the meaning of the word kirpan, they are not intended to be dangerous.

Interview with Petitioner Grace Miller

My name is Elizabeth Lahey. I am a student in Mr. Paccone's 4th US Government class.  On Wednesday, March 2, I interviewed attorney for the petitioner, Grace Miller.

Q. What is your view on this case?

A.The banning of the kirpan should be declared unconstitutional because the First Amendment to the United States Constitution prohibits the making of any law respecting an establishment of religion.

Q. Does it worry you at all that this young boy could have used it as a weapon?

A. One could argue that a pair of scissors or a stapler could be used as a weapon. A weapon is defined by the malice behind it.

Q. How do you think the school should have handled the situation?

A. The school should have taken precautions and enforced rules for children of the Sikh religion regarding the carrying of their kirpans on school campus.

Q. What do the petitioners wish to gain from this case?

A. A safe school environment for everyone where children can practice their religion freely.

Video Clip of 5th Period Justice asking Question

Not Knowing, So Why Take The Chance

No matter how you look at it, the kirpan has a blade with the ability to kill. Worse yet, no matter the person, we just don't know what the person will do with an item like that.

They might use it to harm they might not.

The end result is that we we are still left uncertain.  Therefore, in my opinion, it would be a huge mistake to allow the chance of someone getting hurt.

Everyone gets mad once in awhile. No matter how religious the person may be, even if they practice to keeping peace and abstaining from harm, who's to say that they'll remain calm in a situation of anger or frustration?

When someone is mad, they don't think straight, and when they don't think straight, they won't be able to hold themselves back from using the "Kirpan" as a weapon.

THE END RESULT IS THAT WE DON'T KNOW IF THEY WILL USE IT OR NOT, SO WHY TAKE THAT CHANCE?