Sikh turbans and the Constitution

Lockstep

I was reading over some stuff about the Sikh turbans/Garda reserve cases.

I'm just wondering what the story is with this and the Constitution. Would allowing a Sikh to wear a special turban be seen as upholding Article 44 or as endowing a religion etc.

johnfás

Endowing really refers to permanent financial support, not even funding school chaplains counts as endowment according to the Supreme Court in The Campaign to Separate Church and State v Minister for Education.

The turban issue is more likely to fall into the constitutional provisions regarding equality in Article 40. However, Article 40 provides that the State can slightly dodge the issue of equality by having regard to among other things, social function. Thus, so long as they can state a reason as to why there is a proportionate social function to not allow the wearing of turbans by Gardaí, they can enforce a law against it and the equality issue becomes moot.

Hagar

Nothing wrong with an adapted turban.

johnfás

I don't disagree, but there is no Constitutional imperative forcing the Government to legislate in such a manner. It is far more likely that such a provision would be forthcoming from Europe.