Citation: Moshe Menora v. Illinois High School Association
Topic: The prohibition of religious headwear during a high school basketball game.
Issues: 1. Is the prohibition of yarmulkes an infringement of religious freedom of orthodox Jews? 2. Is the wearing of a yarmulke enough of a hazard/safety issue that because of this, the Illinois High School Association forbids the wearing of them, violate the free-exercise clause of the First Amendment?
Facts: The plaintiffs, two orthodox Jewish high schools in Chicago, the members of their interscholastic basketball teams, and the members’ parents brought action against the Illinois High School Association, alleging that not allowing the Jewish males to wear yarmulkes during basketball games is an infringement of the religious freedom of orthodox Jews and that this is forcing them to choose between their religious observance and participating in interscholastic basketball, which is the only interscholastic sport in which the two schools participate. Defendant’s, the Illinois High School Association, has a rule that forbids basketball players to wear hats or other headwear, with sole exception of a headband no wider than two inches, while playing. The principle concern behind this prohibition is that the headwear might fall off in the heat of play and one of the players might trip or slip on it, fall, and injure himself. The precise nature of the head covering and the method by which it is kept on the head are not specified by Jewish law. The wearing of a yarmulke is conventional rather than prescribed. The District Court stated that the plaintiffs failed to make out a case proving that their First Amendment rights were infringed by the Association’s no-headwear rule.
Finding of the District Court: The judgment in the plaintiffs favor was vacated.
Reasoning: The IHSA has a rule that forbids basketball players to wear hats or other headwear, with the sole exception of a headband no wider than two inches, while playing. The principle concern behind this prohibition is that the headwear might fall off and one of the players might trip or slip on it, fall, and injure himself. According to the plaintiffs, orthodox Jewish males are required by their religion to cover their heads at all times except if they are unconscious, immersed in water or in imminent danger of loss of life. Orthodox Jews who play basketball comply with this requirement my wearing yarmulkes fastened to their hair with bobby pins.The precise nature of the head covering and the method by which it is kept on the head are not specified by Jewish law. The wearing of a yarmulke is conventional rather than prescribed. Equally important, because yarmulkes do not have the safety-enhancing property that barrettes, headbands, and eyeglasses do, the no-headwear rule does not violate the equal protections clause of the Fourteenth Amendment. The District Court stated that the plaintiffs failed to make out a case proving that their First Amendment rights were infringed by the Association’s no-headwear rule.