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KARAMAH: Muslim Women Lawyers for Human Rights joined the ACLU and many other organizations to file a comment in opposition to the proposed amendment to Michigan Rule of Evidence 611 (“MRE 611”).
MRE 611 was proposed to authorize judges in Michigan to bar Muslim women from testifying in court if they are wearing a veil. MRE 611 was proposed after a district judge was sued for dismissing a plaintiff’s case following the plaintiff’s refusal to remove her niqab during testimony.
The plaintiff, Ms. Ginnah Muhammad, was suing Enterprise Leasing Company in a small claims court before a Hamtramck district court judge. The judge told Ms. Muhammad that she would have to remove her niqab while testifying so that he could evaluate her credibility. When she refused, he dismissed her case.
Ms. Muhammad later sued the district court judge in federal court, claiming her civil rights had been violated. The federal court declined to exercise jurisdiction and refused the case. The case is now pending before the U.S. Court of Appeals for the 6th Circuit.
In response to this, the Michigan Supreme Court adopted a MRE 611 giving judges the authority to ban Muslim women from testifying in court if they are wearing a veil, effectively denying these women the fundamental right of access to the courts.
KARAMAH supports a woman’s right to decide how to practice her faith, and that she should be entitled to exercise her beliefs freely.
Supporting a comment written in opposition to the rule by the ACLU, KARAMAH urged the judges not to restrict the rights of women. The comment, labeled “Proposed Amendment to Michigan Rules of Evidence 611,” reads:
Dear Chief Justice Kelly and Mr. Davis,
This comment opposes the proposed amendment to Michigan Rule of Evidence 611 (“MRE 611”) because it will allow judges to unconstitutionally close the doors of the courthouse to Michigan citizens based upon their religiously-mandated dress. It is submitted by the American Civil Liberties Union of Michigan and supported by a diverse group of organizations and individuals including […] KARAMAH.
Read the full comment » |
