Ethics

Odd Religious Freedom Ruling

By Ed Brayton

Here's a court ruling that leaves me with a mixed reaction. A Muslim woman filed a suit in small claims court against a rental car company. When she went to testify, the judge told her she had to remove her hijab before she took the stand. The woman said she could only do that in front of a female judge. The judge then told her she could either remove the veil or he would dismiss the case. She said she could not do that and he dismissed the case.

The woman then filed a federal lawsuit claiming violations of her religious freedom. The state judge, Paul Paruk, argued that the federal court had no jurisdiction under a number of different doctrines and standards. The federal judge, John Feikens, rejected all of those claims of immunity and lack of jurisdiction except one which allowed him to exercise discretion in whether to rule or not. And he declined to exercise jurisdiction in the case because it might "increase tension" between state and federal courts (see full ruling here).

Full post as published by Dispatches from the Culture Wars on May 18, 2008 (boomark / email).