Mich. judges get discretion after veil case
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LANSING, Mich. - The Michigan Supreme Court voted yesterday to give judges authority over how witnesses dress in court after a Muslim woman refused to remove her veil while testifying in a small claims case.
A statewide court rule letting judges regulate the appearance of witnesses - such as asking them to remove face coverings - was approved by a 5-to-2 vote. The dissenters said there should be an exception for people whose clothing is dictated by their religion.
Justices heard last month from a Muslim woman who sued in 2006 because her small claims case was dismissed when she refused to remove her veil.
Hamtramck District Judge Paul Paruk told Ginnah Muhammad he needed to see her face to judge her truthfulness. The 45-year-old from Detroit kept her niqab on during the hearing.
Some Muslim leaders interpret the Koran to require that women wear a headscarf, veil, or burqa in the presence of a man who is not their husband or close relative.
After Muhammad sued the judge, the Michigan Judges Association and Michigan District Judges Association backed a court rule giving judges “reasonable’’ control over the appearance of parties and witnesses to observe their demeanor and ensure they can be accurately identified.
The two justices who voted against the rule yesterday said they favored a religious exception endorsed by the civil liberties and religious groups.
