[1rudeboy]

And your legal basis for expressing Freedom of Religion during a murder trial is?

[xkaydet65]

Freedom of religion is protected, save the doctrine of "compelling state interest". It would have been up to the defense attorney to present evidence that the state's interest in removing the ashes was compelling. The term compelling is a high standard to reach.

As has been noted here, and as I have seen many times in the courtrooms of NYC, observant orthodox Jewish men are NEVER required to remove their yarmulkes. The meaning of the yarmulke is admission by the wearer that he is "under God", as meaningful an expression as the ashes' representation of dust thou art and to dust thou shall return.

This was a petty act by a magistrate with no basis in law, but which violated the right of a person to carry out a precept of his Faith.