Court to Let Lebanese-American Woman Sue over Headscarf Removal
The U.S. Supreme Court will let a Lebanese Muslim woman sue Southern California jailers for making her take off her headscarf in a courthouse holding cell.
The court refused to hear an appeal on Monday from Orange County, California, officials, who were sued in 2007 by Souhair Khatib.
Khatib had gone to the Orange County Superior Court to ask for more time to complete her community service. But a judge ordered her jailed, and jailers forced Khatib to remove her headscarf.
The 9th U.S. Circuit Court of Appeals rejected arguments that holding cells are not covered by a federal law protecting the religious practices of prisoners. It also ruled Khatib had the right to wear the scarf unless jailers could show it was a security risk.
David Lawrence, an attorney representing Orange County, said he could not comment.
Khatib's attorney, Mark Rosenbaum of the American Civil Liberties Union, said the case will now go back to district court, but he hopes it can be resolved outside the courtroom. Khatib filed the original lawsuit to get the sheriff's department to end their ban on headscarves in holding cells, he said.
"I think it's a pretty blatant example of discrimination against Muslims, ... and Orange County can run its facility without this ban," he said in a phone interview.
Khatib and her husband, both U.S. citizens of Lebanese descent, pleaded guilty in 2006 to a misdemeanor violation of welfare fraud and were sentenced to three years of probation and ordered to complete 30 days of community service within 120 days.
The two reported to court on Nov. 1, 2006, two days before that term expired, to seek an extension. When the judge learned she had completed only 15 hours of service and her husband four, he ordered them jailed, according to Khatib's original lawsuit.
She and her husband were released later in the day after the court entered a new judgment ordering them to complete their community service by Jan. 30, 2007.
The case was Orange County, Calif., v. Souhair Khatib, 10-1505.
04 October 2011, 08:38
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Bigdig, he's Jewish yes, what's your point though?
Most lawyers in the US are Jewish, at least the good ones usually are.
04 October 2011, 09:48
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Only backward and primitive people are astonished by the idea of Jews and Muslims working together. This happens everyday outside. Look no further , you can see the filthy Hez-zbelleh cooperates with Israel to destroy Lebanon.
04 October 2011, 13:54
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hold on here,,,are we like were born last night? Who cares what the lawyer..he is American ,,,,but my astonishment come from this entire case! Why was she in jail for! Oh fraud...theft..cheating.. And she is worried about her ninjas looks...give me break , as I thought religious people arr supposed to fear god and shall not steal... Ok , the system is so forgiving in the west. If I was king, both would have been thrown in jail for claiming to be religious...remove not only her veil, but all of her clothes and make her was the streets of LA naked with a sign that says I pretended to be a Moslem, but in reality my husband and I are scums....
