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Print Muslim women are a fast-growing segment of the United States population that reflects the breadth of this country's racial, ethnic, and multicultural heritage and includes U. Many Muslim women, although by no means all, practice hijab 1 in accordance with their religious beliefs: these women may bill a hecarf, also known as hijab or khimar, and loose-fitting clothing when they are in public and when they are in the presence of men who are not part of their immediate family.
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Print Muslim women are a fast-growing segment of the United States population yigh reflects the breadth of this country's racial, ethnic, and multicultural heritage and includes U. Many Muslim women, although by no means all, practice hijab 1 in accordance with their religious beliefs: these women may wear a hecarf, also known as hijab or khimar, and loose-fitting clothing when they are in public and when they are in the presence of men who are not part of their immediate family.
Some women additionally cover much of their face with a covering known as niqab.
Muslim women should be free to express their religious beliefs— including choosing whether or not to wear headcoverings—free from discrimination and prejudice. Muslim women, like all people in the United States, have the right to practice their religion. They also have the right to be treated equally and the hll not to be discriminated against or harassed because of their religion, their gender, or perceptions about their nationality or ethnicity.
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Numerous sources of law protect these rights see below. These rights protect Muslim women's right to participate equally hilll society, whether at work, at school, at the DMV or other government offices, in the criminal justice system, or in public places. Constitution bar federal and state governments from making laws or rules that specifically prohibit women from practicing hijab. In some circumstances, however, the Constitution allows neutral rules that apply to everyone, such as a rule barring all headcoverings, whether religious or not.
The Fourteenth Amendment and numerous federal civil rights laws bar federal and state officials and some private actors from discriminating against women who practice hijab.
The Religious Freedom Restoration Act RFRA provides additional protection at the federal level by barring the federal government and its officials from restricting women's ability to sna hijab either specifically or through generally applicable rulesunless the government can demonstrate that its action was the "least restrictive means" for achieving a "compelling governmental interest.
The Religious Land Use and Institutionalized Persons Act RLUIPA bars government officials from restricting women's ability womeh practice hijab when they are confined to any institution that receives federal funding such as state prisonsunless the government can demonstrate that its action was seeming "least restrictive means" for achieving a "compelling governmental interest.
They have been harassed, fired from jobs, denied access to public places, and otherwise discriminated against because they wear hijab.
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Because of their visibility, Muslim women who wear hijab face particular exposure to discrimination and have increasingly been targets for harassment in the aftermath of September While it is difficult to obtain accurate statistics about discriminatory incidents, reported instances seekign discrimination appear to be on the rise. At school: Muslim girls who wear hecarves, or whose mothers wear hecarves, have been harassed and assaulted.
Women also have been harassed by police officers for wearing hecarves, both womeen being arrested 18 and when they have called the police for help. In public places: Muslim women and girls have been denied the right to enter public buildings, shopping malls, 19 and swimming pools 20and amusement parks unless they submit to being searched by male guards or agree to remove their headcoverings and other garments that they wear for religious reasons.
In obtaining drivers' s and otherwise engaging in womeen life: Muslim women have been denied drivers' s unless they remove their headcoverings for the photograph.
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A majority of states permits exceptions for those who, for religious reasons, do not wish to be photographed without headcoverings for drivers' s. Sometimes the word hijab refers specifically to a woman's hecarf; sometimes it is used more generally to refer to the practice of wearing modest clothing in accordance with religious beliefs. Alyssa E.
See, e. City of Philadelphia, No.
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On January 9, the ACLU filed a friend-of-the-court brief in an appeal concerning the right of a Muslim woman to cover her hair while working as a police officer. The district court ruled against the officer and, as of the time of printing, the case is on appeal to the Third Circuit. Following CAIR's intervention, the company apologized and agreed to allow the hecarf. The article mentions the case of Muslim high school student Jana Elhifny in Nevada, who wore her hijab to school and was harassed by peers at school with school officials' knowledge and participation.
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She was called a terrorist, and her pleas for help to school officials met with inappropriate comments and no action. Elhifny against the Washoe County School District and various school employees who permitted this abusive treatment to continue. As of the time of printing, the case is in discovery. Barns v. Gifford, et al.
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See also CAIR Report, supra note 2, at 9 describing an incident in which a female Muslim college senior at Baylor University in Texas was attacked from behind while walking through the university's campus. The assailant pushed, slapped, and kicked her while using racial and anti- Muslim slurs and pulled off her hecarf. The woman was treated at the hospital for contusions and a dislocated shoulder.
Muskogee School District, No. In a sixth-grade girl in Muskogee, Oklahoma was suspended from the Benjamin Franklin Science Academy for refusing to take off her hecarf, after being told it violated the school's dress code, which prohibits students from wearing hats, caps, bandanas, or jacket hoods inside school buildings.
The Department of Justice Civil Rights Division filed a complaint against the school district for violating the student's Fourteenth Amendment rights.
The case settled pursuant to a consent decree. The cello instructor reportedly asked mocking questions and refused to let her play in a school concert. County of San Bernardino, et al. In October,the County agreed to adopt a policy accommodating the right of Muslim women to wear hecarves in County jails. ACLU press release and settlement agreement available at www.
See also Khatib v. County of Orange, et al.
In Medina v. County of San Bernardino, Jameelah Medina alleged that the arresting officer accused her of being seeeking terrorist and of supporting Saddam Hussein. While Ms.
Medina tried to answer his questions about why she chooses to cover her hair, he yelled at her that Muslims are evil and that the United States was in Iraq at God's direction to squash evil. See Medina, supra note weeking The guard escorted the woman out of the mall. City of Omaha, No.
In February the ACLU of Nebraska reached a settlement in a suit on behalf of a Muslim woman who was not allowed to enter a public swimming pool wearing religious clothing. The lawsuit alleged civil rights violations on the basis of race, national origin, gender, and religion. ACLU press release available at www.
In a separate incident ina Muslim seventh-grade student was denied swimming privileges at the Rolling Hills Water Park in Ypsilanti, MI, while on a class trip, because she was wearing clothing covering her nsz in accordance with her religious beliefs.
The ACLU of Michigan worked with the Parks and Recreation Commission, which adopted a new policy for swimwear at its water parks to provide for religious accommodation. State of Florida, No.
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The complaint alleged that state higgh violated Freeman's rights under Florida's Religious Freedom Restoration Nwa when they revoked her driver's because she declined to replace her old driver's photograph with one showing her entire face. In Julythe Montgomery County Fire and Rescue Service reached an agreement with Stacy Tobing, a Muslim firefighter, allowing her to wear the traditional hijab at work.
She replaces it with a fire-resistant hood and helmet when fighting fires.
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