New driver’s license photograph rule unnecessarily restricts religious freedom
Jan. 16, 2004
MONTGOMERY – A new Department of Public Safety policy requiring that hair be visible in driver’s license photographs is discriminatory. The new policy has prevented several Muslim women from wearing religious head scarves, or hijabs, in their driver’s license photographs. The hijab does not cover the face at all, but merely the hair and ears. This new policy could also affect Catholic nuns who wear habits and Sikh men who wear turbans.
The new policy is an unnecessary restriction on religious freedom and provides no increased public safety. Since the head coverings at issue do not obscure the individual’s face, the department cannot rationally argue that they impede identification. The policy is contrary to principles of religious freedom embraced by members of all faiths in the state of Alabama. Additionally, the policy evidently does not apply to individuals wearing wigs or toupees, who also have their heads covered.
Many of the Muslim women affected by the new rule were attempting to renew their licenses; they had previously been allowed to take their driver’s license photographs wearing their hijabs. The Department of Public Safety has provided no justification for this shift in policy and should be required to do so before imposing such restrictions on religious freedom.
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