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Court upholds ruling on license photo (Florida Court Upholds Ban of Muslim Veil)
News Journal Online ^ | September 07, 2005 | Jay Stapleton

Posted on 09/07/2005 1:39:58 PM PDT by bwteim

Court upholds ruling on license photo

By JAY STAPLETON Staff Writer

Last update: September 07, 2005

DAYTONA BEACH -- A local appeals court says the constitutional rights of a Muslim woman who wanted to wear a veil in her driver's license photo were not violated and she must follow the state law requiring full face photos. The opinion reached Friday by the 5th District Court of Appeal affirmed a 2003 order from a trial court in Orlando, which shot down the civil lawsuit filed by Sultaana Freeman of Winter Park, denying her the right to have her license picture taken with her face covered in a veil.

"We recognized the tension created as a result of choosing between following the dictates of one's religion and the mandates of secular law," wrote Appellate Judge Emerson R. Thompson Jr. in the 15 page opinion. "However, as long as the laws are neutral and generally applicable to the citizenry, they must be obeyed."

The court found that enforcing the full face photo requirement did not violate the state's Religious Freedom Restoration Act, because forcing Freeman's compliance of the law did not place a substantial burden on her free exercise of religion.

The Department of Highway Safety and Motor Vehicles originally issued Freeman a license showing her wearing a veil in 2001, but later suspended it. According to court records, Freeman had a photo license in Illinois which showed her wearing a veil before she moved to Florida about eight years ago.

Born Sandra Michele Keller, Freeman, 38, was raised in a Christian household but converted to the Islamic religion in 1997. She is a married mother of two young children.

Freeman claims the suspension of her license was an infringement upon her constitutional rights. Freeman's attorney, Howard Marks, argued that his client should not be punished for wanting to practice her religion.

Freeman lost her civil lawsuit when Circuit Judge Janet C. Thorpe agreed with authorities that letting people conceal their faces on a driver's license was a terrorist risk.

The state "has a compelling interest in protecting the public from criminal activities and security threats," and that photo identification "is essential to promote that interest," the trial judge said.

In considering the trial court's conclusion, 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."

In July 2003, Gov. Jeb Bush signed legislation requiring that driver's licenses must include a picture of the driver's full face.


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; US: Florida
KEYWORDS: driver; florida; freeman; id; islam; licence; license; muslim; muslimamericans; muslimwomen; photoid; ruling; sultaana
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To: bwteim

Hope this too rubs the rag heads wrong.

Hey rag heads, bite me.


21 posted on 09/07/2005 2:03:59 PM PDT by Joe Boucher (an enemy of islam)
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To: bwteim

If she is such a devout muslim that she has to wear the veil, then she is violating her fundamentalist muslim creed by driving.


22 posted on 09/07/2005 2:04:27 PM PDT by VRWCmember
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To: dajudem
Good close reading, but, there's hope. There is more.... ;)

There is a pdf guide to taking passport photos.

See http://travel.state.gov/passport/guide/faq/faq_881.html for their FAQ

Q. Can hats or religious headgear be worn for the photo?

A. Unless worn daily for religious reasons, all hats or headgear should be removed for the photo. In all cases, no item or attire should cover or otherwise obscure any part of the face.

Bold is added.

23 posted on 09/07/2005 2:05:54 PM PDT by bwteim (Begin With The End In Mind)
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To: Joe Boucher

"bite me"

"Can't we all get along?" -- Rodney King
;)


24 posted on 09/07/2005 2:07:54 PM PDT by bwteim (Begin With The End In Mind)
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To: retrokitten

Spoken like a true Illinois Freeper!


25 posted on 09/07/2005 2:11:14 PM PDT by bwteim (Begin With The End In Mind)
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To: Alberta's Child

Awesome!


26 posted on 09/07/2005 2:13:35 PM PDT by Kluster (FIRE DREIER)
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To: dajudem

The people who wrote the instructions probably have in mind a Jewish yarmulke or a Sikh turban, neither of which obscure the face.


27 posted on 09/07/2005 2:14:55 PM PDT by RonF
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To: bwteim

Nope. I didn't start it and I am not a pacifist.
This is a war between Christians and Muslims. I just don't care to have some towel headed puke telling me how I'm going to have to live.


28 posted on 09/07/2005 2:16:27 PM PDT by Joe Boucher (an enemy of islam)
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To: bwteim

LOL!!! ;-)


29 posted on 09/07/2005 2:17:05 PM PDT by retrokitten (www.retrosrants.blogspot.com)
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To: Joe Boucher

You missed my tiny " ;) ". I should have included a /sarcasm off tag...


30 posted on 09/07/2005 2:20:36 PM PDT by bwteim (Begin With The End In Mind)
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To: Joe Boucher
Hey rag heads, bite me.

Now I am offended. You have hurt this ragheads feelings. Where is the ACLU? Sarcasm on....

31 posted on 09/07/2005 2:22:08 PM PDT by JackDanielsOldNo7 (If it wasn't for marriage, I would not have this screenname.)
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To: bwteim

In considering the trial court's conclusion, 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."

Her religion doesn't forbid photographs showing beheadings of innocent civilians.


32 posted on 09/07/2005 2:27:15 PM PDT by tkathy (Tyranny breeds terrorism. Freedom breeds peace.)
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To: chance33_98

Ping

Here's an update of your post in 2003

http://www.freerepublic.com/focus/f-news/918519/posts#comment?q=1
Muslim Woman Fights To Keep On Veil For License Photo
Posted on 05/27/2003 3:54:32 PM CDT by chance33_98


33 posted on 09/07/2005 2:40:48 PM PDT by bwteim (Begin With The End In Mind)
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To: kjenerette

..reading files.


34 posted on 09/07/2005 2:41:12 PM PDT by Van Jenerette (Our Republic...If We Can Keep It!)
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To: FairOpinion

Ping

Here's an update of your post in 2003:

http://www.freerepublic.com/focus/f-news/918972/posts
Muslim cites beliefs as ID photo trial begins (new revelations)
MIami Herald ^ | May 28, 2003 | PHIL LONG

Posted on 05/28/2003 9:50:39 AM CDT by FairOpinion


35 posted on 09/07/2005 2:43:04 PM PDT by bwteim (Begin With The End In Mind)
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To: bwteim

I saw several Middle-Eastern women and girls entering a bakery in Bishop, California. It was a warm day, but they were covered from head to toe with bulky clothes. They were accompanied by three men wearing tank tops, sandels and Red Sox baseball caps. And it occured to me that a large headcovering does not make the wearer religious, no more than a baseball cap makes the wearer a professional baseball player.


36 posted on 09/07/2005 3:16:59 PM PDT by Irish Queen
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To: bwteim
Gee Ravi, I can't see why this would be this would be a problem for a license picture

Image hosted by Photobucket.com this aint Saudi Arabia baby...

37 posted on 09/07/2005 3:23:41 PM PDT by guitarnick40 ( The only thing necessary for the triumph of evil is for good men to do nothing.)
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To: tkathy

No, as a matter of fact, it seems to be required showing...


38 posted on 09/07/2005 6:20:21 PM PDT by bwteim (Begin With The End In Mind)
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To: Irish Queen

Good point.


39 posted on 09/07/2005 6:23:31 PM PDT by bwteim (Begin With The End In Mind)
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To: All
Apparently NBC17.com of North Carolina is seeking FReeper opinion on this issue.

Should Muslim women be allowed to wear veils in their driver's license photos?

Choice Votes Percentage of 6696 Votes
Yes 182 3%
No 6514 97%

To give them your opinion:

http://www.nbc17.com/news/4943165/detail.html

40 posted on 09/07/2005 6:37:15 PM PDT by bwteim (Begin With The End In Mind)
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