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Home › Politics

Muslim Head Scarves, Hijab | 08/27/2009 8:30 am

Muslim Woman Sues Michigan Judge for Ordering Her to Remove Head Scarf (Video)

CAIR and woman from Iraq sue judge who said no headwear was allowed in his courtroom; other state courts also dealing with issue.
By The Staff at wowOwow.com
YouTube

The hijab and the American court system have clashed once again.

Raneen Albaghdady, originally from Iraq and now of Wayne County, MI, has sued a Michigan judge who ordered that she remove her head covering in court when she was petitioning for a name change. The Michigan chapter of the Council on American-Islamic Relations is also bringing the lawsuit. But Judge William Callahan, the target of the suit, and the 3rd Circuit Court of Michigan said Albaghdady didn’t object to removing her head covering and that she never said she wore it for religious reasons.

CNN says the lawsuit seeks an order declaring the practice of "forcing Muslim women to remove their hijab as a precondition to appearing in court" unconstitutional and illegal.

This isn’t the first run-in the courts have had with hijabs. The Judicial Council of Georgia last month decided to allow religious attire such as hijabs in that state’s courtrooms. A woman there was jailed for refusing to remove her head scarf.

To our wOw readers: Do you think courts should be forced to allow religious headwear in the courtroom? What sort of precedent will it set? Good or bad?

Watch a recent news report of the incident below:

 

Read more about: Courts, Hijab, Judge William Callahan, legal, Michigan, News, Religion, Religious Rights, U.S., Video, women

395 Reader Comments (so far…) Sign In or Register to comment

DeBúrca obj
What if a judge ordered a Christian to remove their cross in a courtroom? Imagine the outrage! Hell, we have judges trying to display the 10 commandments in courthouses!
By DeBúrca obj on 08/27/2009 9:49 am
S G
You have hit the nail on the head. They wouldn’t order a christian to do that now would they.
By S G on 08/27/2009 11:26 am
Mary Quite-Contrary

Remove their cross???  Well unless, it was life sized, a ‘cross’ would not impede identification of a person, before a US court of law seeking to have their identity, ie., name changed.

She was appearing before the court to alter her identity…change her name.  What is problematic about having to ID herself to afford such a change?

 

By Mary Quite-Contrary on 08/27/2009 12:29 pm
Rachel F
Thank you, MQC. The same with the comments about the kippah. The kippah is a symbolic covering, not an actual full covering of the head. You can still see the distinguishing features of a man’s hair while he wears the kippah.
By Rachel F on 08/27/2009 12:44 pm
DeBúrca obj
So Rachel, if she were a male with a beard, would HE then be ordered to shave off his beard in order to be identified? Because a beard is far more apt to make distinguishing of features difficult.
By DeBúrca obj on 08/28/2009 9:57 am
rocky rocky
What about someone who is bald? Demand he grow his hair? Or a woman who dyes hers? 
By rocky rocky on 08/31/2009 10:03 pm
Raugiel Reddel
Is it just the scarf or also the veil? If its the veil, it has to go. Its an evidentary issue. (you also won’t be allowed to wear sunglasses or a ski mask). If its just the scarf, its harder. The judge could easily make you take off your hat. He has the right to make you take off your jewlery if its disruptive (like a noisy bangle). This is really a look at what "freedom of religion" means and how far it extends. Does everyone have the freedom to practice everywhere? If not, where do the lines get drawn within a religion? between religions? What if a practice is dangerous to oneself? To someone else? I think this issue is going to make us look at some very interesting issues that we haven’t thought about in the US for a long time, though I can’t claim to have any of the answers.
By Raugiel Reddel on 08/28/2009 6:35 pm
F P
First off, what’s the problem really with wearing a head scarf? Geez mom used to wear one to church back in the day as did many women and girls. I grew up seeing that everyday of my life in Catholic school.  I think the judge is out of line.
By F P on 08/27/2009 10:00 am
Rachel F
In church and in a religious school or any other appropriate setting is fine. This isn’t a religious setting, though, and our courts are (thankfully) secular. If the headdress or other garment obscures the person from being identifiable or is otherwise disruptive at the judge’s discretion, the judge has every right to ask that it is removed.
By Rachel F on 08/27/2009 11:04 am
F P
Ever seen a woman wear a hat in court?  I have. And recently. Nothing was said.  This is a judicial assault on this woman’s religion. Simply that.  And waht pray tell is disruptive about a head scarf?  Nothing.  It;’s the usual bigotry.
By F P on 08/27/2009 12:03 pm
C Hardy
Frank you saw someone wear a hat in the courtroom?  Here in VA the Cops can’t even wear their hats in the Courtroom - out in the halls yes but once you go inside a courtroom - NOPE - off it goes.  You can’t wear a baseball cap or scarf around your head. 
By C Hardy on 08/27/2009 12:22 pm
F P
Different states, different dress codes—look at my post below on Michigan dress codes.
By F P on 08/27/2009 12:31 pm
Rachel F

I meant that the judge has the power to dictate that disruptive items, or those that obscure the identification of the person, etc., be removed. In other words, I was not meaning to say that the scarf was disruptive.

As to your question, I have not. However, in the cases that you are thinking of, were the women’s hair and hair line completely obscured as in this lady’s case? That is part of what makes us identifiable. This lady was trying to change her name…of course the judge needs to be able to identify her!

By Rachel F on 08/27/2009 12:37 pm
F P
What’s disruptive about a head scarf, or a crucifix, or a rosary, or a Koran, or a Bible. And I have seen and sworn and oath on Bibles in courtrooms before.
By F P on 08/27/2009 1:06 pm
Rachel F

FP, I was NOT saying that the head scarf, etc., was disruptive; I was saying that the judge had power to order the removal or changing of items for several reasons, INCLUDING the ones I listed; I was not EQUATING those reasons, just LISTING them.

For the record, I do NOT think they are disruptive. 

By Rachel F on 08/27/2009 1:09 pm
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