I am friggin' pissed that this Muslim convert even gets a darn appeal! I want MY first amendment rights honored, too. In respect to MY Christian/Judeo religious beliefs, I want images of the Ten Commandments and Jesus put on MY driver's license. Hmmmppfff.
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Posted on Wed, Jun. 09, 2004
Muslim woman appeals state ban of veil on drivers-license photo
Associated Press
DAYTONA BEACH, Fla. - A state appeals court heard arguments Wednesday in the case of a Muslim woman who wants to wear a veil in her driver's license photo so as not to violate her religious beliefs.
Sultaana Freemen of Winter Park lost her civil lawsuit a year ago 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.
The Department of Highway Safety and Motor Vehicles originally issued Freeman a license with her wearing a veil in 2001, but later suspended it.
Freemen claims the suspension was an infringement upon her First Amendment rights.
Wednesday, Judge Richard Orfinger of the Fifth District Court of Appeal appeared to wonder that, too.
"I think the real question for me is, `Does the state have the authority to require one to reveal one's facial features despite a legitimately and sincerely held religious belief?'" he said.
But he also asked the other side of the question: "... How does the requirement of a photograph cause a substantial burden on her exercise of religion?"
Freeman's attorney, Howard Marks, argued that his client should not be punished for wanting to practice her religion.
Assistant Attorney General Jay Vail argued, "freedom has to give way to public safety."
In response to questions by the judges, Vail said the state is not opposed to having female state employees take Freeman's picture or having female officers respond to potential traffic stops to accommodate her beliefs.
The appellate court may take months to issue an opinion.
Last July, Gov. Jeb Bush signed legislation requiring that driver's licenses must include a picture of the driver's full face.