Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Muslim defendant can sue over hijab removal

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
Home » Discuss » Topic Forums » Civil Liberties Donate to DU
 
alp227 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-16-11 03:58 PM
Original message
Muslim defendant can sue over hijab removal
(03-15) 17:38 PDT SAN FRANCISCO -- A law guaranteeing religious freedom to prisoners applies to a courthouse holding cell where sheriff's deputies ordered a Muslim woman to remove her headscarf, a federal appeals court ruled Tuesday.

The 11-0 decision by the Ninth U.S. Circuit Court of Appeals reinstated a lawsuit by Souhair Khatib against Orange County, where officers made her take off her hijab for security reasons while she was held in the cell to await a court hearing.

The law, passed by Congress in 2000, prohibits the government from imposing a "substantial burden" on prisoners' religious practices unless officials can show a compelling need for the restrictions.

The Obama administration joined Khatib in arguing that the law applied to courthouse holding cells.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/0...
Refresh | +2 Recommendations Printer Friendly | Permalink | Reply | Top
JuniperLea Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-16-11 04:03 PM
Response to Original message
1. Good!
That woman must have been horrified.
Printer Friendly | Permalink | Reply | Top
 
guruoo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-16-11 04:14 PM
Response to Reply #1
2. Horrified?
Put out, pissed off, disgusted maybe, but horrified?
Printer Friendly | Permalink | Reply | Top
 
JuniperLea Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-16-11 05:40 PM
Response to Reply #2
3. Yes, horrified!
She lived her life according to her beliefs, and she believed very strongly that no one, especially STRANGE MEN, should see her face.

People who take their religion very seriously feel horrified when they break religious laws. That is why we have laws about food labels. That is why we have had lawsuits based on improper labeling of food. Jewish kosher laws come to mind. Kosher eating means you can't even use a plate for meat that was once used for dairy... I didn't know that one myself until clued in by my cousin in Israel who made the mistake and learned from it.
Printer Friendly | Permalink | Reply | Top
 
guruoo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-16-11 05:46 PM
Response to Reply #3
4. She didn't break it, technically speaking, as she wasn't allowed a choice in the matter.
Printer Friendly | Permalink | Reply | Top
 
JuniperLea Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-16-11 05:57 PM
Response to Reply #4
5. Splitting hairs isn't going to make her feel any better...
And the person who ate from the dairy plate unknowingly was horrified when she found out... even though it wasn't her fault. She had led a kosher life all her life to that point.

I think being forced to break a law is even more horrifying, actually.

Printer Friendly | Permalink | Reply | Top
 
guruoo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-16-11 06:09 PM
Response to Reply #5
6. Another part of the dark side of religion
Edited on Wed Mar-16-11 06:12 PM by guruoo
People have actually killed themselves over religious superstitions.
It's sad.
Printer Friendly | Permalink | Reply | Top
 
JuniperLea Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-16-11 06:12 PM
Response to Reply #6
7. Yep, no doubt about that...
I grew up raised by an Irish Catholic grandmother who lived next door to an Italian Catholic family. We were really like one big family, and it was wonderful. Then one of the girls next door came up preggers... and the whole family moved. Almost overnight. It was so very, very sad!
Printer Friendly | Permalink | Reply | Top
 
provis99 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-11 10:49 PM
Response to Original message
8. the hijab isn't religious, it's cultural.
It has nothing to do with Islam, it just happens that some countries that are Islamic also have the hijab as a cultural artifact. She shouldn't be allowed to get away with this on religious grounds.
Printer Friendly | Permalink | Reply | Top
 
tortoise1956 Donating Member (403 posts) Send PM | Profile | Ignore Tue Mar-29-11 11:19 PM
Response to Original message
9. I think you all missed the real problem with this post...
First of all, the Koran does NOT require women to wear the hijab. custom and law differs on this from one country to another, and between major divisions of Islam as well. With this in mind, I hold that removing it for security reasons is not a substantial burden in the religious sense, just as taking a rosary from a devout Catholic would not be a substantial burden.

Now on to the truly troubling part of this story. She and her husband were convicted of a misdemeanor crime (receiving welfare over payments) and sentenced to probation and community service. When they went to court to request an extension on the time limit for doing the community service, their probation was revoked and they were thrown in jail for "most of the day". When they were finally brought back into court, the extension was granted and they were released.

:wtf: !?!?!?!

Obviously their request was not unreasonable, or it wouldn't have been granted in the end. So why did they have to sit in jail? Was this some type of piss-poor attempt at teaching them a lesson about not finishing their community service on time? If so, it was pretty idiotic.

This is a clear abuse of judicial power, one that is much more profound than the hijab issue. How is it that no one is kicking this judge's ass? Am I the only one that finds this reprehensible and scary?
Printer Friendly | Permalink | Reply | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Wed Apr 16th 2014, 05:06 PM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Topic Forums » Civil Liberties Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC