Constitutional Law

Okla. Lawmaker Pushes Ban On Religious Headwear In Driver's License Photos

Oklahoma lawmakers are considering a ban on certain apparel in driver's license photos that is stirring up First Amendment objections. The state's House Judiciary Committee approved a bill earlier this week that would prohibit people from wearing anything on their heads in driver's license photos. The bill contains no exception for items worn for religious reasons, such as a hijab, worn by Muslim women, a Sikh turban, or a nun's habit.

In an editorial, 'Forced habit,' the Tulsa World slammed the measure as constitutionally suspect, and one that if enacted could 'get the state engaged in a long, embarrassing and costly legal battle.'

'How's this for an unintended consequence: We're sorry, Sister Mary, but if you want a driver's license, you'll have to take off your habit,' the editorial states. The newspaper notes that the bill was spurred after a lawmaker became incensed that a Muslim woman in Norman objected to state officials' efforts to get her to remove her hijab for her license photo. State officials eventually accommodated the woman's religious needs, allowing her to be photographed with the hijab.

The Sikh American Legal Defense and Education Fund (SALDEF) is also objecting to the measure. The group raised its concerns about religious expression in a letter to Okla. Rep. Rex Duncan, who is pushing the bill. 'We also call upon all religious communities, civil rights organizations, and concerned citizens throughout the nation to demand that the government of Oklahoma clarifies its commitment to protecting civil rights in the 21st century,' the group's legal director, Rajdeep Singh Jolly, said in a press release.

Duncan told the Tulsa World that his measure would ban eyeglasses and scarves or other headwear worn for religious purposes.

Full post as published by ACS Blog on March 04, 2009 (boomark / email).