In May, a three-judge panel of the Ninth Circuit ruled that Orange County Sheriff’s deputies did not violate a Muslim female inmates civil rights when they forced her to remove a headscarf before being placed into a cell. (Not to be confused with the Disneyland hijab ordeal.) Now the appellate court has agreed to rehear the case en banc.
The San Fransisco Chronicle explains why:
The dispute affects thousands of inmates throughout the nine-state circuit who are taken to holding cells before being brought to court, said Khatib’s lawyer, Becki Kieffer. She said it was the first such case to reach a federal appeals court.
Kieffer argued that the majority in the three-judge panel’s ruling had misinterpreted a federal law that broadly protects inmates’ religious freedoms.
The law prohibits government agencies from imposing a “substantial burden” on the right to practice one’s religion in a prison, jail or pretrial detention facility. The issue in the case is whether a courthouse holding cell, where inmates are held up to 12 hours before hearings, is a pretrial detention facility.
That federal law is the Religious Land Use and Institutionalized Persons Act. I wrote about constitutional challenges to that law back in 2005.
We welcome your feedback.
Your information will not be shared or sold without your consent. Get all the details.
Terms of Service
JewishJournal.com has rules for its commenting community.Get all the details.
JewishJournal.com reserves the right to use your comment in our weekly print publication.