Muskogee (Oklahoma), USA – A federal judge agreed to let the Justice Department join a lawsuit against a school district that suspended a Muslim girl Nashala Hearn for wearing a head scarf to school. Experts said the ruling by U.S. District Judge Frank H. Seay strengthens Nashala Hearn's case that the Muskogee School District violated her constitutional freedoms of speech and religion.

    School officials suspended the 11-year-old twice in October for wearing a head scarf they said violated the district's dress code. The code prohibits head coverings, including hats, which school officials said is based on federal education requirements aimed at halting gang-related activity. A lawsuit filed on the girl's behalf in October by the Rutherford Institute, a Virginia-based civil liberties organization, seeks to have the school revise its dress code to accommodate students' religious dress, and to expunge the girl's suspensions.

    The Justice Department requested to join the suit, accusing the school district of violating the equal protection clause of the 14th Amendment to the Constitution. The judge granted the request earlier this week. Leah Farish, an attorney for Nashala's family, said she welcomed the involvement of Justice officials. "They will be in a great position to explain the federal education guidelines the school purports to rely on," Farish said. Ibrahim Hooper, spokesman for the Council on American-Islamic Relations, called the ruling "groundbreaking." "I don't think any administration has taken a step like this in defense of Muslim religious freedom," he said. Justice Department spokeswoman Casey Stavropoulos said the department has taken similar positions in workplace cases