Michigan is claiming national attention when it comes to Islamic dress requirements and the law, with two cases coming to a head, so to speak, within the last 12 months. LawPrawfs Blog takes note. One case centered on the decision of a Wayne County circuit judge who required a woman to remove her hijab, a headscarf which covers the hair but not the face, to conform to a "no hats" policy. His decision was appealed to federal court, which last week upheld the decision on the grounds that the judge apparently did not understand the religious nature of the hijab and likely would have permitted its removal if he had. Here's the order (PDF).
The other case involved a Hamtramck district judge who would not allow the plaintiff to testify unless she removed her niqab, which covers the whole face except the eyes. After an administrative public hearing that included testimony from the woman (wearing the niqab), in August the Michigan State Supreme Court issued an order giving judges "reasonable control" over what litigants can wear in court. Here's the order: 2007-13 - Amendment of Rule 611 of the Michigan Rules of Evidence
Photo: niqab, Wikipedia
Turns out, however, that Michigan's judicial actions are far from the most extensive government actions in the U.S. affecting religious headgear. According to the Council of American-Islamic Relations (CAIR), a new law in Oregon eliminated the right to wear religious attire in schools took effect Jan. 1. The "Oregon Workplace Religious Freedom Act," requires employers to accommodate workers' observances of religious holidays and their right to wear religious garments as long as they don't pose a significant difficulty or expense to the business but singles out public schools as workplaces where religious freedoms do not apply. CAIR says Pennsylvania also forbids teachers from wearing religious attire on school grounds.
