Government Seeks to Exclude Religious Objectors from EPIC Body Scanner Challenge, EPIC Opposes DHS Motion

In a motion filed in the DC Circuit Court of Appeals, the Department of Homeland Security has attempted to exclude religious objector Nadhira Al-Khalili from EPIC's body scanner lawsuit. Ms. Al-Khalili is Legal Counsel for the Council on American Islamic Relations, one of the organizations that supported EPIC's petition, which is the basis for the challenge to the body scanner program. Ms. Al-Khalili's claims are based on the Religious Freedom Restoration Act and Islamic modesty requirements. EPIC has opposed the government's motion and stated that the agency is "simply afraid to have the Religious Freedom Restoration Act claims heard by this Court." EPIC further argued that "Respondents hope by seeking to exclude Ms. Al- Khalili . . . they will avoid judicial scrutiny of an agency practice that substantially burdens the free exercise of religion in violation of federal law."

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