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Religion & Law

: Religion Clause

Muslim Woman Sues Over Ban on Wearing Hijab In Court House

By Howard M. Friedman

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The ACLU of Georgia announced yesterday that it has filed a federal civil rights lawsuit against the city of Douglasville, Georgia and various city officials on behalf of a Muslim woman who who was told she could not enter a municipal courtroom where her nephew faced a traffic hearing unless she removed her hijab (religious headscarf). Plaintiff Lisa Valentine got into an argument with officers staffing the metal detector. They handcuffed Valentine and took her before the judge who sentenced her to ten days for contempt for creating a disturbance in the hallway and at the metal detector. She was not allowed to wear her hijab in the court holding cell or while being transported to jail. However after police reviewed the case, she was released that same evening and the judge rescinded the contempt order. The complaint (full text) in Valentine v. City of Douglasville, (ND GA, filed 12/14/2010) alleges that defendants violated RLUIPA as well as Valentine's 1st Amendment free exercise rights. It also alleges that her arrest without probable cause violated the 4th Amendment. The lawsuit seeks an injunction and damages. After the incident involving Valentine, the Municipal Court issued a local rule providing procedures for special arrangements when a head covering is needed for religious or medical reasons.

Full post as published by Religion Clause on December 15, 2010 (boomark / email).