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Maryland AG Says Court Security Can Require Temporary Removal of Face Coverings

By Howard M. Friedman

A Maryland Attorney General's ruling handed down last week says that deputy sheriffs assigned to court security may require a person to temporarily remove a face covering, or veil or for identification or security purposes, even if the item is worn for religious purposes. 94 OAG 81 (May 27, 2009) concludes that there are no constitutional problems with doing this so long as the sheriff's office has a neutral and generally applicable policy of requiring removal of face coverings for security purposes. The opinion goes on, however, to urge practices that minimize religious conflicts:

To minimize potential conflicts between the requirements of courthouse security and the religious practices of individuals entering the courthouse, it would be useful if security details were comprised of both male and female officers and if a private space were available at the entrance of the courthouse for those individuals whose religion discourages removal of a head covering in public.

While the opinion is focused primarily on issues of Muslim women wearing a niqab, portions of the opinion indicate that it applies to other kinds of head coverings worn by men as well. Today's Examiner reports on Attorney General Douglas Gansler's opinion and the ACLU's concern about its impact on other head coverings.

Full post as published by Religion Clause on June 05, 2009 (boomark / email).