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Judge To Decide On License Photo Case

Posted: 12:06 pm EDT May 29, 2003Updated: 5:49 pm EDT May 29, 2003

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Should the judge allow her to wear her veil in her driver license photo?

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ORLANDO, Fla. -- It's now up to a judge whether a Winter Park Muslim woman can be forced to take off her veil to get a valid Florida driver's license photograph. The ruling is expected to come next week.

Sultaana Freeman sued the state Driver's License Division for taking away her license. Attorneys for the state and for Sultaana Freeman made their closing arguments Thursday morning. Both pointed to contradictions and inconsistencies in one another's positions.

Sultaana Freeman's attorneys argued that her religious belief is her only motivation; there is no other reason she wants to keep on her veil for her license photograph. Her attorney also pointed out that if she were to have a license photo without her veil, it would still be confusing to law enforcement for identification because they can't force her to take off her veil while she's driving or if they stop her for a traffic violation.

"You have hundreds and thousands of people legally driving in Florida without photo ID. Law enforcement can deal with them, so they certainly can deal with Mrs. Freeman wearing a niqab," explains attorney Howard Marks.

"We've offered the plaintiff a reasonable accommodation. We offered a momentary lifting of her veil with only women in the room," Jason Vail, Drivers License Division attorney.

For the judge, it'll come down to two basic issues. First, is taking the photo without the veil a significant religious burden on Freeman? Second, does the state have a compelling interest to make her do so for safety reasons?

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