ACLU fights for Muslim women's right to testify in veils
State high court asked to alter rule
BY BEN SCHMITT • FREE PRESS STAFF WRITER • May 1, 2009
The American Civil Liberties Union and a group of domestic violence and religious organizations Thursday asked the Michigan Supreme Court to change a proposed rule that would bar Muslim women wearing veils from testifying in court.
A hearing on the matter is scheduled for May 12.
"Judges should not deny anyone access to justice because of his or her religion," said Michael Steinberg, legal director for the ACLU of Michigan.
The proposed rule allows judges to control the appearance of witnesses and parties testifying in state courts.
Steinberg said the ACLU and other groups asked the Supreme Court to add a sentence to the rule, saying "that no person shall be precluded from testifying on the basis of clothing worn because of a sincerely held belief."
The matter stems from a 2006 small-claims lawsuit in Hamtramck, when
a district judge told Ginnah Muhammad that she couldn't testify unless she removed her veil or niqab.
Muhammad wore a niqab, -- a scarf and veil to cover her face and head except for her eyes -- to 31st District Judge Paul Paruk's courtroom Oct. 11.
She was contesting a $2,750 repair bill from a car rental company after thieves broke into a vehicle she was using.
Paruk said he needed to see Muhammad's face to gauge her truthfulness. Muhammad did not remove the veil and lost the case.
Steinberg said his request Thursday was signed by religious organizations including: the Baptist Joint Committee for Religious Liberty, the American Jewish Congress and Michigan Conference of the United Church of Christ.
A group of domestic violence organizations also signed the request in order to allow women who have been sexually assaulted, for instance, to have their day in court without abandoning their beliefs.
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