On The Front Lines
Rutherford Institute Wins Final Legislative Victory on Behalf of Lt. Col. Martha McSally, Decorated U.S. Fighter Pilot
President Bush Signs Bill Making it Unlawful to Force U. S. Servicewomen to Wear Muslim GarbWASHINGTON, D.C.-On Dec. 2, 2002, President George W. Bush signed into law a bill that prohibits the Department of Defense from requiring or even formally urging servicewomen stationed in Saudi Arabia to wear the Muslim abaya, a black head-to-toe robe worn in certain Muslim cultures and perceived as a sign of subordination to men. The amendment to the DoD Authorization Bill, S.A. 3969, was sponsored by Senator Bob Smith (R-NH) and based largely on language drafted by attorneys for The Rutherford Institute. Both the Senate and the House of Representatives voted unanimously in favor of the amendment this past summer.
The Rutherford Institute brought the matter into the national spotlight when its attorneys filed suit in December 2001 on behalf of Lt. Col. Martha McSally, a decorated pilot with the U.S. Air Force, challenging a military policy requiring servicewomen stationed in Saudi Arabia to wear the abaya when off base. The suit, filed against Secretary of Defense Donald Rumsfeld and the U.S. Department of Defense, charged that the military's dress policy violated McSally's constitutional rights to equal protection and the freedoms of religion and speech. The Rutherford Institute, working in conjunction with McSally and leaders on Capitol Hill, sought to resolve the problem of the unconstitutional dress policy through judicial and legislative means. The final amendment signed into law this week by the President prevents any member of the Armed Forces or employee of the United States from requiring or encouraging that the abaya be worn and from retaliating against those who choose not to wear the abaya. The legislation also instructs the Secretary of Defense and those acting in his stead to provide each female member of the Armed Forces stationed in Saudi Arabia with information about the abaya prohibition. Finally, the legislation prohibits the use of federal funds for the procurement of abayas.
"This new legislation is a victory for freedom and the democratic process," said John W. Whitehead, president of The Rutherford Institute. "And because of Martha McSally's courageous stand, it is also a victory for the rights of women in the armed services."
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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