Thursday, August 27, 2009

Detroit Muslim Woman Sues After Being Told To Remove Hijab in Court


Raneen Albaghdady, a Muslim in Detroit, is suing ayne Circuit Judge J. William Callahan who told her to remove her hijab or scarf in his courtroom (like the one shown to the left of a different woman). She alleges denial of her freedom of religion as well as denial of access to the courts. She is also suing Wayne County.


The demand by Judge Callahan, in my view, was manifestly wrong and unnecessary. However, there does appear to be a disconnect between the alleged injury in the complaint and the attitude of Albaghdady in the court videotape. In a press conference, Albaghdady protested that “I was hurt, the way he treated me. I was really, really scared and terrified.” She spoke of the humiliation and shame of that moment when she appeared before the court for a name-changing hearing.



Yet, while it is not audible on the video, Albaghdady does not raise religious objections or even strongly object in her exchange with the court:

Callahan: “The headpiece…
Albaghdady: “I’m sorry?”
Callahan: “No hats allowed in the courtroom.”
Man seated in the courtroom: “It’s not a hat. It’s a scarf.”
Callahan: “Excuse me, sir.”
Albaghdady: “This one?”
Callahan: “No hats allowed in the courtroom.”
Albaghdady: “This one?”
Callahan: “Yes.”
Albaghdady: “OK. It doesn’t matter.”

“OK, it doesn’t matter” is not the strongest basis for such damages. Moreover, while her lawyers insist that she was intimidated and (as an Iraqi immigrant) is a bit fearful of any judge, Albaghdady later strongly argues with Callahan over a question of her application. Callahan appears otherwise respectful and could claim that, absent a religious objection, scarves should be removed and some people have no objection.



The tape makes this case all the more interesting. Albaghdady seems correct on the religious-based claim, but does not come across as the best claimant.

This is not the first court to face such a challenge over the removal of a hijab, here. Indeed in Michigan there has been prior litigation over the requirement to remove a veil, here.

Assuming it is the same judge, “Bill” Callahan was given the “Judge of the Year” award in 1996, here.

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