Miscellaneous

What Not to Do: Deny Access

By Anne Skove, Esq.

Rules about courtroom decorum are often set by the judge. They may be informal or written down, strict or somewhat lax. A family or juvenile court may have different standards than a court of last resort. No matter what standard is set, the right to wear cultural and religious dress should be preserved.

Who made judges the arbiters of fashion? They get to wear those delightful robes. No question about what to wear each day! Yet, there should be some sense of seriousness and respect in the courtroom.

Sure, security risks abound. Baggy clothes, large winter coats, and head coverings could, in theory, hold weapons. So can pockets, briefcases, and tote bags. Where does it end?

It ends when access to the courts is threatened. In Douglasville, Georgia, a Muslim woman was held in contempt and jailed for not removing her hijab.

Use the magnometer at the entrance. Search pockets and bags. For the love of Pete, make peopel remove baseball caps. But allow people to express their religious views. A hijab is not disruptive, does not show disrespect to anyone, it is not a security risk any more than a nun's habit might be.

See Douglasville: Muslim's Scarf Leads to Arrest at Courthouse, Moni Basu, Atlanta Journal-Constitution (December 17, 2008), for the story about a modern-day Antigone.

Full post as published by court-o-rama.org on December 17, 2008 (boomark / email).