Hijab in Court?
"A judge in ...Georgia barred a Muslim woman from entering a courtroom because she would not remove her headscarf."
Associated Press
In a similar case, another Muslim woman was jailed after she "uttered an expletive" when barred from a courtroom in suburban Atlanta for refusing to remove her "hijab" (headscarf). In Michigan, a Muslim woman's case was dismissed when she refused to remove her veil for the trial.
Apparently some states and counties bar all headgear in their courtrooms, while others permit both hijabs and kipas (skullcaps). Older readers will recall that in 1969 Federal Judge Julius J Hoffman ordered witness Arthur Waskow to remove his kipa while testifying in the Chicago Seven Trial, but backed down when US Attorney Thomas Foran asserted that the Government had no objection to the headcovering. On the other hand, Rabbi Jacob Twerski (1899-1973) was permitted to wear a kipa while testifying in Milwaukee County courtrooms on several occasions.
Obviously, courthouse authorities have the right to bar weapons from the building, and everyone (except police) may be sent through metal-detectors, just like airline passengers. I have been required to remove my hat, but not my kipa, at security checkpoints both at the Airport and the Courthouse in Milwaukee County. Jewish women have been required to remove their "tichels" for security inspections, but wigs seem to pass muster undetected.
If a woman passes through the metal-detector without triggering an alarm, I do not understand why she should have to remove her headcovering, whether a tichel, wig, or hijab. The same would apply to a kipa. The possibility of smuggling a non-metallic weapon under one of these headcoverings is so remote that I do not believe that requiring the covering to be removed is justified.
In the Chicago case cited above security was not an issue, and I suspect that it is not the real reason that some judges and sheriffs are banning headgear in courtrooms today. I contend that the real reason is cultural: the authorities consider it disrespectful to the court to wear anything on one's head. This reflects the Protestant custom of appearing in church bare-headed. (1) But today America is a diverse society that includes Jews, Muslims, Sikhs and many other non-Christians who have legitimate reasons for covering their heads at all times, including when in a public building. As long as the headgear is not being used to conceal a weapon, it should be permitted in courtrooms.
Jews and Muslims are poles apart on the issue of US support of Israel. Yet, both are religious minorities in this country, and have a common interest in fostering public policies that are fair to adherents of all religions, as well as to non-believers. I would be willing to work with Muslims and others for this purpose; how about you?
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(1) Catholic priests cover their heads during services, but other men do not.
Associated Press
In a similar case, another Muslim woman was jailed after she "uttered an expletive" when barred from a courtroom in suburban Atlanta for refusing to remove her "hijab" (headscarf). In Michigan, a Muslim woman's case was dismissed when she refused to remove her veil for the trial.
Apparently some states and counties bar all headgear in their courtrooms, while others permit both hijabs and kipas (skullcaps). Older readers will recall that in 1969 Federal Judge Julius J Hoffman ordered witness Arthur Waskow to remove his kipa while testifying in the Chicago Seven Trial, but backed down when US Attorney Thomas Foran asserted that the Government had no objection to the headcovering. On the other hand, Rabbi Jacob Twerski (1899-1973) was permitted to wear a kipa while testifying in Milwaukee County courtrooms on several occasions.
Obviously, courthouse authorities have the right to bar weapons from the building, and everyone (except police) may be sent through metal-detectors, just like airline passengers. I have been required to remove my hat, but not my kipa, at security checkpoints both at the Airport and the Courthouse in Milwaukee County. Jewish women have been required to remove their "tichels" for security inspections, but wigs seem to pass muster undetected.
If a woman passes through the metal-detector without triggering an alarm, I do not understand why she should have to remove her headcovering, whether a tichel, wig, or hijab. The same would apply to a kipa. The possibility of smuggling a non-metallic weapon under one of these headcoverings is so remote that I do not believe that requiring the covering to be removed is justified.
In the Chicago case cited above security was not an issue, and I suspect that it is not the real reason that some judges and sheriffs are banning headgear in courtrooms today. I contend that the real reason is cultural: the authorities consider it disrespectful to the court to wear anything on one's head. This reflects the Protestant custom of appearing in church bare-headed. (1) But today America is a diverse society that includes Jews, Muslims, Sikhs and many other non-Christians who have legitimate reasons for covering their heads at all times, including when in a public building. As long as the headgear is not being used to conceal a weapon, it should be permitted in courtrooms.
Jews and Muslims are poles apart on the issue of US support of Israel. Yet, both are religious minorities in this country, and have a common interest in fostering public policies that are fair to adherents of all religions, as well as to non-believers. I would be willing to work with Muslims and others for this purpose; how about you?
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(1) Catholic priests cover their heads during services, but other men do not.
posted by Gerald S Glazer at 2:48 PM
4 Comments:
Excellent, right on.
Also, of course what about those stupid robes. If they get to wear those, then anyone should be able to wear a head covering. I have seen judges who should have been required to cover their whole head. What about nuns? Do they require nuns to change their attire?
Ivan
Excellent, right on.
Also, of course what about those stupid robes. If they get to wear those, then anyone should be able to wear a head covering. I have seen judges who should have been required to cover their whole head. What about nuns? Do they require nuns to change their attire?
Ivan
I agree about the hajib (and all head coverings), but not a veil that totally covers the face. I wouldn't allow people in a courtroom with a mask, either.
Ivan, I don't think that judges' robes are stupid; just as priests' and rabbis' robes are not stupid. They signify the authority and solemnity of their responsibility.
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