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Politics | 12/18/2008 8:00 am

Judge Jails Muslim Woman for Refusing to Remove Head Scarf

By The Staff at wowOwow.com
Lisa Valentine © AP

It’s a story heard before: A Muslim woman is jailed for refusing to remove her head scarf. Though such tales are commonplace in European nations, this latest chapter in the head-scarf debate hits a bit closer to home — Atlanta, to be precise. And it’s not an isolated incident.

A Georgia judge has held 40-year-old Lisa Valentine in contempt of court after she refused to uncover herself. That tenacity, the judge insisted, violated a court policy prohibiting people from wearing headgear during proceedings. Valentine was sentenced to ten days in prison.

But the attorney general says state law doesn’t allow or ban head scarves – it’s up to the discretion of the court. And apparently this court has a problem with it. That same judge last week removed a woman and her 14-year-old daughter for also refusing to remove their hijabs.

"I just felt stripped of my civil, my human rights," said Valentine, who was released with help from the Council on American-Islamic Relations (CAIR), which wants the U.S. Justice Department federal authorities to investigate her incident and other similar incidents in that state. Last year, a judge in southern Georgia also barred a woman wearing a hijab from the courtroom.

Here’s what happened to Valentine, according to CAIR:

According to the woman’s husband, she was seeking to enter the courtroom in Douglasville, GA, to deal with a matter related to a nephew’s traffic citation. After she walked through the security area, a bailiff allegedly told her she would not be permitted to enter the courtroom wearing her religiously mandated scarf. Frustrated at being prevented from entering the court, the woman reportedly uttered an expletive and sought to leave the area. As she attempted to leave, the bailiff reportedly handcuffed her and took her to the judge’s chambers where she was sentenced to ten days in jail for ‘contempt.’

"We ask the Department of Justice to investigate these troubling incidents to determine whether the women’s civil or religious rights were violated,” said CAIR spokesman Ibrahim Hooper. “Judges have the right to set standards of dress and behavior in their courtrooms, but those standards should not violate the constitutional right to free exercise of religion or block unencumbered access to our nation’s legal system."

The head scarf issue is a controversial one here in the U.S. Last month, a Southern California county said it would allow jailed Muslim women to wear them after settling a lawsuit with a woman who claimed that deputies violated her religious freedom by making her remove her hijab.

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

phyllis Doyle Pepe
As much as I am in distain re: women covering their heads, faces, and bodies for religious purposes since I see it as denigrating women I am certainly in favor of their civil rights. The question, which was not pursued in this article, is why the judges in these cases rejected that right.
By phyllis Doyle Pepe on 12/18/2008 9:08 am
f p
Methinks the judge over-stepped the bounds of humanity into the realm of the ludicrous. 10 days for a head scarf? Gimme a break yer honor.
By f p on 12/18/2008 9:48 am
Irish Eyes NY
I could understand it if she was wearing a Burqa to cover her face, like the one in florida who wanted her driver license picture taken with her face covered, what a dummy.
By Irish Eyes NY on 12/18/2008 11:16 am
Anita Chapman
She did not even enter the judge’s courtroom! It appears to me that the bailiff handcuffed her for the expletive, not the headscarf. This is unreasonable and outrageous.
By Anita Chapman on 12/18/2008 11:39 am
immoddesta godessa
I think the bailiff should be held up to some standard! perhaps he can do some community service, or get hiomself some more of that sensitivity training! EVOLVE already!
By immoddesta godessa on 12/18/2008 12:47 pm
Elizabeth Bennett
It is not the first time that the Constitution was disregarded in Atlanta. I hope someone slips the judge a copy of the first amendment and he reconsiders and apologizes, and instructs the bailiff that there is a higher law here that courtroom policy. Expletives are proper when being denied one’s Constitutional rights.
By Elizabeth Bennett on 12/18/2008 12:06 pm
Grande Camper
I find this story unbelievable. When I first read the cover I thought it was because the judge fell she was hiding something dangerous underneath. But do this just because makes no since to me. I think there are some human rights being interfered here.
By Grande Camper on 12/18/2008 1:36 pm
rocky rocky
Paranoid overbearing control freaks as judges. Nice. How the *ell do they get away with jailing a citizen for wearing a headscarf? Put the idiot judge back in judge school to learn about the newest innovations in the U.S. judicial system: sense, compassion, and respect for the Constitution!
By rocky rocky on 12/19/2008 1:17 am
Zera Lee
This smells like prejudice to me. How can it be contempt of court if she never made it to court? She did not ignore a summons, she did not meet the judge until after she was charged. Under the circumstances, uncovering the face should be sufficient. Ten days is excessive under any circumstances. Georgia. Why am I not surprised? Would they make Donald Trump remove his hairpiece?
By Zera Lee on 12/19/2008 2:56 am
kermie b
Zera Lee—“Would they make Donald Trump remove his hairpiece?” That is funny on so many levels. I am not a fan of his, obviously. This woman though—she was not rich—she was fighting a nephew’s traffic citation. This is discrimination and a judge who is blind to the people he is serving. Shame on him. He should go on the lump of coal list.
By kermie b on 12/19/2008 7:51 am
Elizabeth Bennett
I remember a judge who banned a lawyer from the courtroom because she was wearing a pantsuit. In frustration, she protested, “Your honor, I am dressed the same as opposing counsel!” And she was. But opposing counsel was a he. That eventually ended, but boy was it dicey to appear in that judge’s court if you were female.
By Elizabeth Bennett on 12/19/2008 6:52 pm
Lila Kuh

Elizabeth, you may get a kick out of this: way back in the early 80’s I was working in an area where an international summit was taking place.  At an evening event, I noticed a female member of the press pool, wearing a man’s tux.  Curious, I asked her about it.  She said that the male reporters were reimbursed for tux rentals or purchases if they were needed for their jobs, but female reporters were not reimbursed for gown rentals or purchases - and it was not a matter of cost.  So she was wearing the tux in an effort to force her editors to pay for her formal-attire expense.  I never saw her again so did not find out if she was reimbursed - but I am sure she made her point!

By Lila Kuh on 03/12/2009 9:01 am
Lila Kuh

I am guessing the "no headgear in court" rule has to do with a respectful demeanor.  As far as the hijab goes, that IS being respectfully dressed, and so long as the face is identifiable I don’t see why it’s necessary to embarrass these women by forcing them to reveal more of themselves in public than they are comfortable with.

And Elizabeth - "expletives are proper when being denied one’s Constitutional rights" - you are so right!

By Lila Kuh on 03/12/2009 9:06 am