The Michigan Civil Rights Commission, an executive agency charged with overseeing the state’s anti-discrimination laws, is opposing a proposed rule from the Michigan Supreme Court that would give judges control over the attire of those who appear in a state courtroom. The proposed rule says:
Appearance of Parties and Witnesses. The court shall exercise reasonable control over the appearance of parties and witnesses so as to (1) ensure that the demeanor of such persons may be observed and assessed by the fact-finder, and (2) to ensure the accurate identification of such persons.
The proposed rule grew out of a federal lawsuit filed against a district judge in Michigan after the judge ordered Ginnah Muhammad, a Muslim woman from Hamtramck, to remove her hijab during testimony. When Muhammad refused to remove her hijab, the judge dismissed the case. The federal court later dismissed her lawsuit over the order on procedural grounds, noting that the state courts should address the question.
That prompted the state’s high court to propose the new rule, saying, “This proposed amendment would clarify that a judge is entitled to establish reasonable standards regarding the appearance of parties and witnesses to evaluate the demeanor of those individuals and to ensure accurate identification.”
The state civil rights commission, however, voted on Monday night to send a letter to the Michigan Supreme Court opposing the adoption of the new rule, which they say is discriminatory and could cause religious minorities to avoid going to court.
A public hearing for comment on the proposed rule is scheduled for May 12.