In public, yes. In that judge's courtroom, no.
Is it 'his courtroom'? Did he buy it? No. The courtroom is in a public building and not a private piece of property. It is a Government building and one that is meant to uphold the Constitution and the rights of the citizens of the US.
Here is what the first amendment says:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Now do you get it?
In his courtroom, yes, he could ask that they all remove such things ...just as judges usually ask that men not wear hats.
Out in public, it's different because no one person is in control of it all.
He can't make such demands if said demands are in breach of the people's first amendment rights. She has a right to freedom of religion. He denied her that right by demanding she remove her headscarf. As a judge, he should have known better. Again, why do you think she was immediately released when a complaint was made to the federal authorities?
If he asks men to remove their hats, is that discrimination? No, it is not.
It would depend on the religion of the man and whether he was wearing said hat or headwear for religious purposes.
When he distinctly picked on Muslim women in his demands, then it is discrimination. She is not the only Muslim woman he has picked on in this regard.
We don't allow women or men to come to court nude, either, is that denying them the rights of freedom? We also don't allow people to shit on the sidewalk, is that denying the rights of freedom?
The first amendment of your Bill of Rights does not give people the freedom to public nudity. Nor does taking a dump in public fall under the right to freedom of religion.
Can you see the difference?
leopold99 said:
well no, not exactly.
but you must admit that this "i'm practicing my religion" bit can become out of hand.
How so? She was not doing anything wrong or illegal in wearing her hijab.
a bit of christian trivia for you:
if my brother marries and then dies leaving his wife without any children then i am obligated to screw her until she becomes pregnant.
some religion eh?
And? How does that even come close to a woman wearing hijab?
the point is that this can become a real mess if we let it.
If a judge is denying members of the public their first amendment rights, then maybe a real mess should be made of it.