Muslim Appeals Fla. Veil Ban in Photos

A state appeals court heard arguments Wednesday in the case of a Muslim woman who, citing her religious beliefs, wants to wear a veil for her driver's license photo.

Sultaana Freeman lost her civil lawsuit a year ago when a circuit judge agreed with authorities that letting people conceal their faces on a driver's license is a terrorist risk.

The Department of Highway Safety and Motor Vehicles originally issued Freeman a license with her wearing a veil in 2001, but later suspended it. Freeman claims the suspension violated her First Amendment rights.

Wednesday, Judge Richard Orfinger of the Fifth District Court of Appeal pondered that contention.

"I think the real question for me is, `Does the state have the authority to require one to reveal one's facial features despite a legitimately and sincerely held religious belief?'" he said.

But he also asked the other side of the question: "How does the requirement of a photograph cause a substantial burden on her exercise of religion?"

Freeman's attorney, Howard Marks, argued that his client should not be punished for wanting to practice her religion, while Assistant Attorney General Jay Vail argued that "freedom has to give way to public safety."

The appeals court may take months to issue an opinion.

Last July, Gov. Jeb Bush signed legislation requiring that driver's license pictures must include the driver's full face.