A Landmark Decision By Ohio Courts: "To be a Sikh is to wear a Kirpan - it is that simple." - Judge J. Painter of the Court of Appeals, Hamilton County, Ohio

The year 1997 marked a landmark verdict for U.S. Sikhs.  In this case, the State of Ohio vs. Dr. Harjinder Singh, the Court of Appeals, Ohio, recognized the Kirpan and discharged Dr. Harjinder Singh of Cincinnati from any penalty.  The Judgment was entered on December 31, 1996 by Judges J. Gorman, P.J. Doan, and J. Painter.  While laws, regulations, and court verdicts will inevitably vary over time, the lucid comments of the judges in this case are worth remembering.  Of particular note is the line of reasoning they took.

The Court allowed Dr. Harjinder Singh to wear a Kirpan in these words: "Here, it is beyond debate that Dr. Singh is a devout Sikh.  A central tenet of his religion requires him to wear the Kirpan at all times.  It is unrebutted that Dr. Singh wears the Kirpan out of a sincere religious belief."  The Court further states, "The crucial issue then is whether the evidence was sufficient to establish beyond a reasonable doubt that the Kirpan was designed or specially adopted as a weapon.  We conclude it was not."

Judge J. Painter, who "wholeheartedly" concurred with this decision, wrote thus: "I write separately to confess that I am amazed that a case like this would ever be prosecuted once, much less twice, at tremendous cost to the State, the Defendant, and the legal system."  He continues, "The Sikh religion has been part of world history since the 1400s.  An integral part of that religion is the 'five K's' worn by its members.  To be a Sikh is to wear a Kirpan - it is that simple.  It is a religious symbol, and in no way a weapon.  As long as the Kirpan remains a symbol and is neither designed or adopted for use as a weapon, laws such as R.C.2923.12 are wholly inapplicable."

Judge Painter concludes in this way, "I cannot understand the purpose for this prosecution which, if successful, would have had the effect of banishing the members of one religious sect from the State of Ohio for its mandatory wear."