I wonder if the judge would have tried to force an orthodox Jewish man to remove his yarmulke.
I think I already know the answer.
Edit: I found an answer. Some idiot in Texas did just that.
**Laurence Tribe, a professor of constitutional law at Harvard Law School, said that while the case might be complicated if there were a general rule regarding head wear, the Religious Freedom Restoration Act passed by Congress in 1993 requires that such general rules give way to strongly held religious convictions unless they meet the test of compelling necessity.
Robert Flowers, executive director of the State Commission on Judicial Conduct, the governing authority for all judicial complaints, said he could not comment on the incident.
He said all complaints were investigated. After the investigation, a complaint may be dismissed or a judge may be called before the commission. At that point, the commission may dismiss the complaint or may issue a private or public admonition, warning or reprimand. In the most egregious cases, formal proceedings may be undertaken.
Judge David West, administrative judge for the Harris County District Courts, said there was ‘‘absolutely not’’ a county policy that would ban the wearing of religious symbols in the courtroom. **
Apparently, this kind of thing is in violation of the Religious Freedoms Restoration Act:
The law reinstated the Sherbert Test, mandating that strict scrutiny be used when determining if the Free Exercise Clause of the First Amendment to the United States Constitution, guaranteeing religious freedom, has been violated. In this, the court must first determine whether the person has a claim involving a sincere religious belief, and whether the government action is a substantial burden on the person’s ability to act on that belief; if these two elements are established, then the government must prove that it is acting in furtherance of a compelling state interest, and that it has pursued that interest in the manner least restrictive, or least burdensome, to religion.