An Iraqi immigrant in the Detroit area has filed a federal lawsuit against a Michigan judge who told her to remove her Islamic head scarf in court.
Raneen Albaghdady of Dearborn Heights alleges that Wayne County Judge William Callahan violated her U.S. constitutional rights to freedom of religion and to access to the courts. The suit seeks to forbid state judges from ordering women to remove their Islamic head coverings, called hijabs.
Albaghdady, 32, is a member of the Council on American-Islamic Relations (CAIR), which filed the suit on her behalf.
Here's CAIR's news release.
The incident occurred June 16 when Albaghdady was petitioning for a name change.
"I was hurt, the way he treated me," Albaghdady said today at a news conference at the Michigan offices of the Council on American-Islamic Relations in Southfield. "I was really, really scared and terrified."
The Detroit News writes that a video transcript of the hearing shows that Albaghdady "never objected to removing the scarf or told the judge the scarf had religious significance."
The News continues: "The scarf Albaghdady wore was not tucked in or tied around her chin in the way hijabs are typically worn, said her attorney, Nabih Ayad of Canton Township. The video shows Albaghdady wore a large headpiece that Ayad described as a hair clip after she moved the scarf down to around her shoulders in response to the judge. "
In a statement today, Callahan said he has "the greatest respect for spiritual practices and all religious preferences," and "had he been informed that the head covering had some religious significance, the judge would have permitted it."
Here's the transcript, according to the News:
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."
Ayad said that as an immigrant from Iraq, Albaghdady would have obeyed the judge regardless: "He's god, and it's very, very intimidating."
Last month Georgia's judicial authority approved the wearing of head coverings in court. The Judicial Council of Georgia said the policy "is designed to balance a court’s legitimate security concerns with a person’s right to practice his or her faith in a public place. Under the new policy, if a security officer wanted to conduct a search, the person would have the option of having the inspection performed in a private area by an officer of the same gender."