Supreme Court Allows Muslim Woman To Sue Over Headscarf Removal

— The Supreme Court will let a Muslim woman sue Southern California jailers for making her take off her head scarf in a courthouse holding cell.

The court on Monday refused to hear an appeal from Orange County, Calif., officials, who were sued in 2007 by Souhair Khatib.

Appeals Court Rules Lawsuit by Muslim Woman Forced to Remove Her Headscarf Can Proceed

In September 2007, Khatib and the ACLU of Southern California sued Orange County under the Religious Land Use and Institutionalized Persons Act (RLUIPA), a federal civil rights law, which, among other things, provides protection for the religious practices of people confined to institutions, including jails, prisons, and other correctional facilities such as pretrial detention facilities. The trial court threw out her case in July 2008, finding the courthouse holding facility was not subject to RLUIPA. Khatib appealed that ruling to the 9th Circuit Court of Appeals; a three-judge panel upheld the trial court’s decision in May 2010. Khatib asked the 9th Circuit to rehear her case “en banc,” and the court agreed, so a full, 11-judge panel of the 9th Circuit reheard the case last December.

Unfortunately, this isn’t the first time we’ve seen this kind of discrimination against Muslim women. In 2007, the ACLU and ACLU of Southern California represented Jameelah Medina, a Muslim woman who was forced to remove her hijab by the San Bernardino County Sheriff’s Office after she was arrested for having an invalid train pass. Her case was settled in 2008 after the county agreed to implement a new policy accommodating the wearing of headscarves inside the county jail.

And last year, the ACLU and ACLU of Georgia brought a lawsuit against the Douglasville Municipal Court for arresting a Muslim woman, Lisa Valentine, after she refused to remove her hijab before entering the courtroom, where she was accompanying her nephew for a traffic hearing. After her arrest, she was forced to remove her hijab inside the holding facility and jail. This case is pending in district court.

Khatib had gone to the Orange County Superior Court to ask for more time to complete her community service. But a judge ordered her jailed, and jailers forced Khatib to remove her head scarf.

The 9th U.S. Circuit Court of Appeals rejected arguments that holding cells aren’t covered by a federal law protecting the religious practices of prisoners. It also ruled Khatib had the right to wear the scarf unless jailers could show it was a security risk.more

Muslim women who are Wearing some of those Veils/Head Scarfs while driving is frightening .  You would think it  is a HUGE HUGE Distraction to their Peripheral vision and should be deemed a safety hazard, much like a DUI. Shera~