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Judge: Muslim Woman Cannot Wear Veil In Driver's License Photo

POSTED: Friday, June 6, 2003
UPDATED: 8:00 am EDT June 7, 2003

A Muslim woman who says her religious beliefs forbid her from publicly showing her face cannot wear a veil in her driver's license photo, a judge decided Friday.

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Sultaana Freeman's right to free exercise of religion would not be burdened by showing her face on the license, Circuit Judge Janet C. Thorpe ruled after hearing three days of testimony last week.

  SURVEY
A Muslim woman sued the state for suspending her drivers license after she refused to remove her face-covering veil for a drivers license photo. Should Muslim women be required to remove their veils?

Sultaana Freeman's right to free exercise of religion would not be burdened by showing her face on the license, Circuit Judge Janet C. Thorpe ruled after hearing three days of testimony last week.

Freeman, 35, had sued Florida after the state revoked her license in 2001 when she refused to have her photo retaken with her face uncovered, saying it violated her religious beliefs. Her previous license showed her veiled with only her eyes visible.

Freeman, a convert to Islam previously known as Sandra Kellar, wore her veil for the photo on the Florida driver's license she obtained after moving to the state in 2001.

Nine months later, after the Sept. 11 terrorist attacks, she received a letter from the state warning that it would revoke her license unless she returned for a photo with her face uncovered.

Freeman claims her religious beliefs require her to keep her head and face covered out of modesty and that her faith prohibits her face from being photographed.

Her lawyers argued that instead of a driver's license photo, she could use other documents such as a birth certificate or Social Security card to prove her identity if necessary.

But a state attorney countered that Islamic law has exceptions that allow women to lift their veil and expose their face if the action serves a public good. Assistant Attorney General Jason Vail said arrangements can be made to have Freeman photographed only with women present to allay her concerns about modesty.

During the hearing, Freeman conceded that she has had her face photographed without a veil since she started wearing one in 1997. She had a mug shot taken after her arrest in 1998 on a domestic battery charge involving one of twin 3-year-old sisters who were in her foster care. The children were removed from her home, according to records from the Decatur (Ill.) Police Services.

Child welfare workers told investigators in Decatur that Freeman and her husband had used their concerns about religious modesty to hinder them from looking for bruises on the girls, according to the Decatur Police records.

Thorpe didn't allow much of the facts about Freeman's arrest into evidence.

Watch Local 6 News for more on this story.

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