Editorial: Upholding the law?

Friday, May 4, 2007 | 7:04 a.m.

Metro Police Department leaders seem to have forgotten that the law they swore to uphold includes the First Amendment right to practice religion.

Following the federal religious discrimination complaint filed in January by Detective Steve Riback, Metro officials have only reinforced their position that Riback, an Orthodox Jew, has no right to practice his faith by growing a short beard and wearing a yarmulke.

Metro recently unveiled new policies in an apparent response to Riback's complaint. One policy prohibits officers from wearing service pins from organizations such as the Fellowship of Christian Police Officers, which were previously allowed. Another policy states that nonuniformed officers cannot wear hats indoors - Riback had offered to wear a baseball cap instead of a yarmulke.

Riback wants to practice his faith and serve as a police officer. There should be room for both, as a federal court found.

In 1999 a federal appeals court ruled the Newark, N.J., Police Department's no-beard policy was discriminatory because it gave an exemption to officers who had a medical condition that prevented them from shaving but did not give a religious exemption. Metro's policy is written the same way.

The court found Newark officials' argument had no merit and said the purpose of the policy was to "suppress manifestations of the religious diversity that the First Amendment safeguards." The opinion was written by Samuel Alito, who now sits on the U.S. Supreme Court.

Metro's officials don't seem to understand this situation. Riback has not asked for anything that would be unsafe or unfitting for an officer, especially considering he now works a desk job. Other police departments, including New York and Los Angeles, understand this. So should Metro. It is, after all, the law.