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Metropolis Reality Forums « Judge: Woman can't cover face on driver's license »

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   Judge: Woman can't cover face on driver's license
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Rhune
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Judge: Woman can't cover face on driver's license
« on: Jun 7th, 2003, 10:49am »
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Judge: Woman can't cover face on driver's license
'She's not lifting the veil,' husband says, vowing to appeal
Friday, June 6, 2003 Posted: 8:51 PM EDT (0051 GMT)
 
 
(CNN) -- A Florida judge rejected a woman's request to have her face covered by a veil in the photograph on her state driver's license, siding with the state Friday that a favorable ruling could be exploited by terrorists.  
 
The 18-page ruling was issued in Orlando.  
 
"Although the court acknowledges that plaintiff herself most likely poses no threat to national security, there likely are people who would be willing to use a ruling permitting the wearing of full-face cloaks in driver's license photos by pretending to ascribe to religious beliefs in order to carry out activities that would threaten lives," Circuit Judge Janet C. Thorpe said in her ruling.  
 
Sultaana Freeman, a Muslim, had testified that a state order requesting that she remove her veil -- a niqab, which covers all of her face except her eyes -- infringed upon her right to observe her religion, to which she converted in 1997.  
 
Her attorney, Howard Marks, vowed to appeal the ruling.  
 
"This is just round one in a long legal battle," Marks said. "Obviously, we're quite disappointed with the ruling."  
 
Freeman, wearing a black niqab, refused to comment to reporters. Her husband, Abdul-Maalik Freeman, said his wife would fight the decision.  
 
"She's not lifting the veil. This is a religious principle," he told CNN-affiliate WKMG. "We don't quit. We have a no-quit attitude. We're doing it the appropriate way. We're not doing it the malicious way, the vicious way. We're doing it through the court system."  
 
ACLU: Ruling counter to religious freedom
Thorpe ruled that though Freeman held a sincere religious belief that she should wear the niqab in front of all strangers, she did not prove that "the photo requirement itself substantially burdens her right to free exercise of religion" or that the momentarily lifting the veil in a private room for a photo taken by a female officer would be such a burden.  
 
On the other hand, the judge said in the ruling, the state did show that "having access to photo image identification is essential to promote" the state's "compelling interest in protecting the public."  
 
Freeman initially was allowed to wear a veil in her driver's license photograph, as she was allowed to do for a license she got while living in Illinois, but was asked to retake the photo to show her face. When she refused, the state revoked her license.  
 
Lawyers for the state argued that the case touched on public safety issues, saying a driver's license showing only a covered face would hinder law enforcement officials.  
 
State Attorney General Charlie Crist praised the ruling.  
 
"Judge Thorpe clearly made the correct decision," he said in a written release. "While we are respectful of any person's religious practices, this case was solely about safety and security. It was not about religious freedom nor the right to pursue happiness, but instead the privilege to drive a car."  
 
The American Civil Liberties Union of Florida expressed concern.  
 
"The government's tendency in the aftermath of September 11th has been to restrict numerous freedoms merely for the sake of restricting liberty, rather than to make us truly safer," Florida ACLU Executive Director Howard Simon said in a written release.  
 
"Today's ruling runs counter to the most basic principles of religious freedom that give everyone -- including members of minority religious communities as well as majority Christian faiths -- the right to practice and worship as they choose."  
 
Freeman's attorneys had argued that state officials didn't care that she wore a veil in her Florida driver's license photo until after the terrorist attacks of September 11, 2001 -- an allegation the state denies, The Associated Press reported.  
 
Freeman was photographed without a veil after she was arrested in 1998 on a domestic battery charge, AP reported.  
 
She and her husband cited religious reasons for hindering child welfare workers who tried to look for bruises on two twin girls Freeman and her husband were fostering, the child agency workers told investigators, according to police records quoted by AP. Authorities removed the children from the home.
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Bumper
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Re: Judge: Woman can't cover face on driver's lice
« Reply #1 on: Jun 8th, 2003, 12:45pm »
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on Jun 7th, 2003, 10:49am, Rhune wrote:
Judge: Woman can't cover face on driver's license
'She's not lifting the veil,' husband says, vowing to appeal
Friday, June 6, 2003 Posted: 8:51 PM EDT (0051 GMT)
 
 
(CNN) -- A Florida judge rejected a woman's request to have her face covered by a veil in the photograph on her state driver's license, siding with the state Friday that a favorable ruling could be exploited by terrorists.  
 
. . . . ."Although the court acknowledges that plaintiff herself most likely poses no threat to national security, there likely are people who would be willing to use a ruling permitting the wearing of full-face cloaks in driver's license photos by pretending to ascribe to religious beliefs in order to carry out activities that would threaten lives," Circuit Judge Janet C. Thorpe said in her ruling.  
 
Sultaana Freeman, a Muslim, had testified that a state order requesting that she remove her veil -- a niqab, which covers all of her face except her eyes -- infringed upon her right to observe her religion, to which she converted in 1997.  
 
Her attorney, Howard Marks, vowed to appeal the ruling.  
 
"This is just round one in a long legal battle," Marks said. "Obviously, we're quite disappointed with the ruling."  
 
 . . . . . "She's not lifting the veil. This is a religious principle," he told CNN-affiliate WKMG. "We don't quit. We have a no-quit attitude. We're doing it the appropriate way. We're not doing it the malicious way, the vicious way. We're doing it through the court system."  
 
 . . . . the judge said in the ruling, the state did show that "having access to photo image identification is essential to promote" the state's "compelling interest in protecting the public."  
 
Freeman initially was allowed to wear a veil in her driver's license photograph, as she was allowed to do for a license she got while living in Illinois, but was asked to retake the photo to show her face. When she refused, the state revoked her license.  
 
 . . . ."Judge Thorpe clearly made the correct decision," he said in a written release. "While we are respectful of any person's religious practices, this case was solely about safety and security. It was not about religious freedom nor the right to pursue happiness, but instead the privilege to drive a car."  
 
Freeman was photographed without a veil after she was arrested in 1998 on a domestic battery charge, AP reported.  
 
She and her husband cited religious reasons for hindering child welfare workers who tried to look for bruises on two twin girls Freeman and her husband were fostering, the child agency workers told investigators, according to police records quoted by AP. Authorities removed the children from the home.

 
 
IMO, this was a NO BRAINER for the Courts.
 
Sorry she didn't like the ruling but I DO have a solution for her  . . .  
 
. . . . The Division of Motor Vehicles can use her MUG SHOT from her ARREST for her Driver's License if she doesn't want to take off the veil. Wink
 
Sure would be interesting when she went to cash a check at the grocery store, huh?  "Lady, why does your Drivers License photo have a front and side view with numbers across the bottom??"Shocked  
 
I never cease to be amazed at people.  Operating a motor vehicle on the public highways is a privilege, NOT a right!  Play by the rules or don't play, your choice!
 
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Re: Judge: Woman can't cover face on driver's lice
« Reply #2 on: Jun 8th, 2003, 5:37pm »
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You're so correct Bump and the issue regarding "privilege" was also addressed.
 
"Judge Thorpe clearly made the correct decision," he said in a written release. "While we are respectful of any person's religious practices, this case was solely about safety and security. It was not about religious freedom nor the right to pursue happiness, but instead the privilege to drive a car."  
 
Maybe this woman should realize that if she were in an automobile accident and some part of her face was badly damaged, a photo might save her life for ID purposes.  
 
Or....maybe they should find another country where they can drive without photo ID's.    
 
:soapbox:  Ok....rant over.
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