Posted by Eugene Volokh: Georgia Courts Expressly Allow Headgear http://volokh.com/archives/archive_2009_07_26-2009_08_01.shtml#1248716585
1 Supreme Court of Georgia Jane Hansen, Public Information Officer 244 Washington Street, Suite 572 Atlanta, Georgia 30334 404-651-9385 [email protected] COURTS TO ALLOW RELIGIOUS HEAD COVERINGS Atlanta, July 24, 2009 � The Georgia courts have adopted a new policy on head coverings that will take effect in every court in Georgia. At a meeting Wednesday of the Judicial Council of Georgia � the policy-making body of Georgia�s courts � judges from around the state voted unanimously to endorse the measure permitting headgear in court that is worn for religious or medical reasons. Other types of head coverings will continue to be prohibited in courtrooms. 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. The measure stems from the December 2008 arrest of Lisa Valentine after she refused to remove her hijab, the head scarf worn by Muslim women. She said to do so would violate her faith. But Judge Keith Rollins of the Douglasville Municipal Court found her in contempt of court and ordered her to serve 10 days in jail. The incident prompted a formal complaint from the U.S. Department of Justice. The Anti-Defamation League, Council on American-Islamic Relations and American Civil Liberties Union also lodged complaints. On June 12th, Ms. Valentine testified before the Supreme Court of Georgia Committee on Access and Fairness in the Courts. �If this had been a nun, no one would have required her to remove her habit,� said Chief Justice Carol Hunstein, who chairs the Judicial Council. �I think this is a good rule, and I think it�s clear.� Specifically, the adopted policy states: �Head coverings are prohibited from the courtroom except in cases where the covering is worn for medical or religious reasons. To the extent security requires a search of a person wearing a head covering for medical or religious reasons, the individual has the option of having the inspection performed by a same-sex officer in a private area. The individual is allowed to put his or her own head covering back on after the inspection is complete.�
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