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Overview of the Niqab Case
Sultaana Lakiana Myke Freeman v. State of Florida
Sultaana Laikana Myke Freeman is a Muslim woman who wears a Niqab (a veil that covers the head and face except for the eyes) whenever she is out in public, in front of strangers or unrelated males. The wearing of the veil reflects a tenet, practice and/or custom of her religion. Prior to moving to Florida in 2001, Ms. Freeman held an Illinois driver's license in which she was photographed wearing a Niqab. Florida also issued her a license with a picture in her veil in February 2001. After the travesties of September 11, the Florida Department of Highway Safety and Motor Vehicles ordered Ms. Freeman to have her picture taken without the Niqab, or the license would be revoked. Because of her religious belief regarding the Niqab, she was unable to have her picture taken without it, and her license was revoked.
In court documents filed on behalf of Ms. Freeman, the American Civil Liberties Union (ACLU) of Florida has challenged the revocation of her driver's license as a violation of Florida's Religious Freedom Restoration Act (RFRA), enacted in 1998. Under RFRA, the state may not substantially burden a person's exercise of religion, unless the government can show a "compelling governmental interest." Preliminary research indicates that Arkansas, Colorado, Idaho, Iowa, Illinois, Indiana, Kansas, Louisiana, Minnesota, Missouri, Nebraska, North Carolina, Oregon, and South Carolina have exceptions to a photograph requirement on a driver's license based upon religious or other grounds.
The case on behalf of Ms. Freeman was filed in the Ninth Judicial Circuit Court, in Orange County, Florida.
