Florida court upholds veil ban
Muslim woman sued over driver's license photo
Wednesday, September 7, 2005; Posted: 5:27 p.m. EDT (21:27 GMT)
DAYTONA BEACH, Florida (AP) -- A Muslim woman who, for religious reasons, wanted to wear a veil in her driver's license photo must follow a Florida law that requires a picture of her full face, a state appeals court ruled.
The Fifth District Court of Appeal upheld a 2003 ruling by an Orlando judge that Sultaana Freeman's right to free exercise of religion would not be burdened by the photo requirement.
"We recognized the tension created as a result of choosing between following the dictates of one's religion and the mandates of secular law," Appellate Judge Emerson R. Thompson Jr. wrote in Friday's opinion. "However, as long as the laws are neutral and generally applicable to the citizenry, they must be obeyed."
Freeman's attorney, Howard Marks, said Wednesday he was considering an appeal. He said the decision didn't respect the state constitution's guarantee of religious freedom.
The Florida Department of Highway Safety and Motor Vehicles issued Freeman, 38, a license in 2001 showing her veiled with only her eyes visible, but later suspended it.
Freeman sued, claiming the suspension infringed upon her First Amendment rights.
In 2003, Circuit Judge Janet C. Thorpe agreed with authorities that letting people show only their eyes would undermine efforts to stop terrorists. That same year, Gov. Jeb Bush signed legislation requiring a picture of a driver's full face on a license.
The appeals court found enforcement of the law "did not compel Freeman to engage in conduct that her religion forbids -- her religion does not forbid all photographs."
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I thought it was absolute insanity last year when this became an issue. I was worried the the PC'ification of America would allow this woman to win and open the flood gates for all other kinds of personal religious loopholes.
I am happy on many levels that it was finally squashed; does this mean that America is finally coming round to it's senses?
Is there anyone who even remotely thinks this is unfair?