Major Ruling: Muslim Women in Federal Prisons Can Keep Hijab on in Booking Photos

IQNA – In a decision hailed as a victory for religious freedom, a federal judge has affirmed that Muslim women in the custody of the Bureau of Prisons have the right to maintain their hijab during intake photography.

The Council on American-Islamic Relations (CAIR), the United Staes’ largest Muslim civil rights and advocacy organization, CAIR-Minnesota, and Golden Law on Monday welcomed the order by Judge Jeffrey M. Bryan of the United States District Court for the District of Minnesota affirming the rights of Muslim women in prison and required the Federal Bureau of Prisons (BOP) to destroy all of our client’s hijab-less booking photographs.

The order reads in part:

“RFRA prohibits the Government from imposing substantial burdens on religious exercise, absent a compelling interest pursued through the least restrictive means…A substantial burden exists when the Government forces a person to act in violation of her religious beliefs, by threatening sanctions, punishment, or denial of an important benefit as a consequence for noncompliance.”

The lawsuit challenged the BOP’s unconstitutional policy under the Religious Freedom Restoration Act (RFRA), which requires jails and prisons to accommodate the sincerely held religious beliefs of individuals who are incarcerated.

“This decision is a significant victory—not only for Mrs. Jama, who has shown remarkable courage in standing up for her rights, but for Muslim women across the country,” said CAIR Staff Attorney Aya Beydoun. “It sends a clear message that carceral institutions cannot disregard the dignity and religious practice of those in their custody without compelling justification. Our team intends to build on this momentum, using this ruling to advocate for meaningful policy changes in facilities nationwide.”

CAIR provides Know Your Rights Guides and toolkits for interactions with law enforcement.

BACKGROUNDER:

CAIR joined this case in October 2023, on behalf of Muna Jama, a Somali-American Muslim woman incarcerated in Minnesota. The Federal Bureau of Prisons repeatedly forced her to take her booking photograph without her hijab. The agency then required her to carry an ID badge displaying the violative photograph. Because of the ID requirement, male officers regularly viewed her head, ears, and neck to identify her during headcounts, at commissary, and other checkpoints throughout the facility. 

CAIR’s complaint states in part:

“Other correctional facilities and government agencies have acknowledged the religious significance of the hijab and allow covered photographs without requiring a separate uncovered version. And yet, the Government has provided no evidence that BOP’s interest in security and identifying escapees is somehow unique from the same interest held by carceral facilities at every level nationwide that do not require a second uncovered photograph.”

Because of this litigation that photograph was replaced on her ID badge and other locations, and the Court has now ordered the BOP to permanently destroy all remaining copies of the unconstitutional photographs of our client.

When asked how she felt after receiving news of the Court’s decision, Mrs. Jama said: “It’s a relief. There are still some who care about the Constitution and protecting our rights. I’m really appreciative, you cannot imagine how thankful I am for the judge, that he sees the truth. I feel like I can finally breathe.”

Source: Cair.com