In recent legal actions that highlight issues of religious rights and personal dignity during law enforcement processes, the Council on American-Islamic Relations (CAIR) is representing Muslim women in multiple lawsuits against county sheriff's offices on the West Coast. In Oregon, two Muslim women, Serine Abuelhawa and Marjannah Hassan, have sued the Multnomah County Sheriff's Office. Their suit alleges the sheriff's office violated their religious freedom by forcing them to remove their hijabs for mugshots while in custody. "Protecting Muslim women doesn't require complex policies or major resources—it simply requires basic respect," CAIR Staff Attorney Aya Beydoun told OregonLive.
In a parallel case in California, Shenai Aini, a UC Irvine student, and Salma Nasoordeen have filed a federal lawsuit against the Orange County sheriff’s office. The complaint describes a harrowing scene where, during a pro-Palestinian protest, a deputy reportedly "repeatedly stomped on (Aini's) hijab...causing it to unravel and leaving her exposed and in plain view of men outside of her immediate family," according to The Sacramento Bee. Echoing the sentiment from the Oregon case, CAIR-CA underscores the humiliation and violation of religious beliefs experienced by these women.
The allegations in both the Oregon and California lawsuits point to a broader need for law enforcement to account for and respect the religious practices of those they detain. In addition to damages and the removal of the mugshots from law enforcement databases, the plaintiffs are also seeking a court order requiring the Multnomah County Sheriff's Office to adopt policies accommodating religious headwear, as reported by KPTV.
CAIR's advocacy has brought to light incidents where correctional facilities' inability or unwillingness to respect the religious practices of detainees infringes on constitutional rights. In a statement obtained by KPTV, CAIR Deputy Litigation Director Gadeir Abbas emphasized that "forcing these young women to remove their hijabs was a clear violation of their dignity and religious freedom." As the cases unfold, they're likely to set precedents regarding the treatment of religious attire within the justice system and highlight the ongoing dialogues surrounding civil rights in custody.
