[Peace-discuss] GA judge jails Muslim woman for hijab

Wed Dec 17 14:08:27 CST 2008

I may be wrong, but the judge here seems to be relying on  
anachronistic(?), rather arbitrary rules of conduct, such as standing  
when the judge enters the courtroom, or dressing "properly". I  
suppose you could call this a freedom of expression issue, but it  
seems to me more a question of proper decorum in the courtroom:  
Should there be such rules? This may of course only be a subterfuge.  
The judge probably doesn' t want to broach the larger issues you  
mention.

--mkb

On Dec 17, 2008, at 1:11 PM, LAURIE SOLOMON wrote:

> >On the other hand, I'm a firm advocate of strict Separation of  
> Church and State, but that seems not to have been the issue
>
>
>
> I am not so sure about that.  It is either a “freedom of  
> expression” or a “freedom of religion” issue or a case of both when  
> you get right down to it.  It would seem that unless the court can  
> show some compelling reason for her to remove the hijab, it is both  
> a “freedom of religion’ and “freedom of speech issue. In terms of  
> the policy and the court’s actions.  If there is a compelling  
> reason, then it would seem that the courts would make provisions to  
> accommodate searches in private by persons of the same sex that  
> accommodate the individuals religious and other ethnic beliefs so  
> as to allow them to participate in the court process without  
> needing to bare their heads in public while doing so.   In the case  
> of the guards actions of cuffing her and taking her before the  
> judge because she exclaimed an expletive, this also would fall  
> under the freedom of speech provisions of The Constitution and  
> would not fall under any “shouting fire in a crowded theater”  
> exemption.
>
>
>
> Thus, if it is not a case of either of these then I have to wonder  
> what kind of a legal issue it would be.  Of course, it might be an  
> issue of judicial arrogance and prejudice- I suppose.
>
>
>
> From: peace-discuss-bounces at lists.chambana.net [mailto:peace- 
> discuss-bounces at lists.chambana.net] On Behalf Of Morton K. Brussel
> Sent: Wednesday, December 17, 2008 12:19 PM
> To: Ricky Baldwin
> Cc: peace discuss
> Subject: Re: [Peace-discuss] GA judge jails Muslim woman for hijab
>
>
>
> In some places, it's a sign of disrespect not to have ones head  
> covered…
>
> On the other hand, I'm a firm advocate of strict Separation of  
> Church and State, but that seems not to have been the issue.  --mkb
>
>
>
> On Dec 17, 2008, at 11:49 AM, Ricky Baldwin wrote:
>
>
>
>
> You don't have to be Muslim or even pro-religion to see multiple  
> problems with this kind of pattern.  Came up a couple years ago  
> when France tried banning the hijab - in schools, I believe.  In  
> some countries they say you have to wear it, in some they say you  
> can't.  Seems to me, in general, we should support a person who  
> wants to wear it where they say you can't, and support a person who  
> doesn't want to where they say you must.
>
>
>
> Ricky
>
> "Speak your mind even if your voice shakes." - Maggie Kuhn
>
>
>
>
> Ga. judge jails Muslim woman over head scarf
>
> By DIONNE WALKER, Associated Press Writer 12-17-08
>
> ATLANTA – A judge ordered the arrest of a Muslim woman who refused  
> to take off her head scarf at a court security checkpoint.
>
> The judge ordered Lisa Valentine, 40, to serve 10 days in jail for  
> contempt of court, said police in Douglasville, a city of about  
> 20,000 people on Atlanta's west suburban outskirts.
>
> Valentine violated a court policy that prohibits people from  
> wearing any headgear in court, police said after the Tuesday arrest.
>
> The Washington-based Council on American-Islamic Relations urged  
> federal authorities to investigate the incident as well as others  
> in Georgia.
>
> "I just felt stripped of my civil, my human rights," Valentine told  
> The Associated Press on Wednesday from her home, after she said she  
> was unexpectedly released once CAIR got involved. Jail officials  
> declined to say why she was freed.
>
> Municipal Court Judge Keith Rollins said that "it would not be  
> appropriate" for him to comment on the case.
>
> Last year, a judge in Valdosta in southern Georgia barred a Muslim  
> woman from entering a courtroom because she would not remove her  
> head scarf. There have been similar cases in other states,  
> including Michigan, where a Muslim woman in Detroit filed a federal  
> lawsuit in February 2007 after a judge dismissed her small-claims  
> court case when she refused to remove a head and face veil.
>
> Valentine's husband, Omar Hall, said his wife was accompanying her  
> nephew to a traffic citation hearing when officials stopped her at  
> the metal detector and told her she would not be allowed in the  
> courtroom with the head scarf, known as a hijab.
>
> Hall said Valentine, an insurance underwriter, told the bailiff  
> that she had been in courtrooms before with the scarf on and that  
> removing it would be a religious violation. When she turned to  
> leave and uttered an expletive, Hall said a bailiff handcuffed her  
> and took her before the judge.
>
>
>
>
>
>
>
>
>
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