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Driver's License, Picture ID, Freedom of Religion. Two Bad Options

 
  

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SMS
00:24 / 31.07.02
Califonia state regulations require a picture of the Driver's face on every Driver's License. It would be absurd to ask if I could cover my face when my picture is taken.

Unfortunately, a woman in California has reason to do so. She is Muslim, and her interpretation of the faith is that it forbids her from taking off her burqua for this purpose. I don't recall whether this is because the photographer would see her without it or whether anyone who looked at her driver's license would see her without it. I think it was the latter, because the state offered to have a woman take the picture, and this wouldn't do.

My gut tells me that freedom of religion demands that we let this woman have a driver's license with (oddly) a picture of her wearing the burqua. It won't be just the tiny picture on the license that we will be exposing. If this is going to act as any kind of identification, then we would demand that she publicly display her face every time she is pulled over, and every time she uses the license for picture ID. It also seems like a sexist law. I don't think the rule of the religion is necessarily sexist, but I concede that this is debatable.

On the other hand, you have to make concessions for your religion. Even though she lives in California, there are ways to get around without a driver's license.

I'm hoping for a compromise. Maybe she could give an additional kind of ID confirmation that those who display their face do not have to give. I cannot think of anything like that, given that we already have to put our fingerprint on the license. Ideas?
 
 
Stone Mirror
04:13 / 31.07.02
Ideas?

Yeah, I think your concept of freedom of religion is too broad.

No one is keeping this woman from observing her religion as she pleases. And a driver's license is a privilege, not a right.

No picture, no license. She can take the bus or ride a bike.

(Otherwise, I belong to a religion which I interpret as forbidding my having blood taken or my being breath-alyzed to determine whether I've been DUI. See any problem with that?)

Freedom of religion does not bestow special privileges on anyone. (Nor, for that matter, does freedom of speech guarantee you the podium and bullhorn of your choice.)
 
 
Jack Fear
11:05 / 31.07.02
Given such a hard-ass interpretatioon of Islam, I'm amazed that her menfolk even allow her to drive.
 
 
Our Lady of The Two Towers
11:56 / 31.07.02
So would this law discriminate against Sikhs as well, or is it judged that we see enough of the face there?

But if that pesky darkie doesn't want to assimilate with our culture what's she doing over here anyway?

I'm amazed that in California there aren't alternatives to the problem. I suspect there are, but we're in full post-Sept. 11th paranoia mode. And though I haven't read the Koran yet I'm sure from the books I've read around it that it doesn't say that women have to wear the burqua for every second of every day she's outside the house.
 
 
Ethan Hawke
12:34 / 31.07.02
SMatthewStolte, I think you have the freedom of religion issue in this case exactly backwards: The "establishment" clause, while prohibiting laws discriminating against the practice of a certain religion, would also preclude passing any laws that would exempt followers of a certain religion from following certain laws. It would be unconstitutional to let Ms Burkha have her picture taken in full garb, while not granting everyone else the same rights. I can't get my driver's license photo taken in my full ninja outfit, can I?

It seems obvious to me that in this case, the right of the state to be able to enforce the law w/r/t who is allowed to drive takes clear precedence over anyone's practice of religion.
 
 
gridley
13:07 / 31.07.02
I'm with Jack on this one.

If I was the judge, I'd tell her (or her lawyers) to point out the part of the Quran that tells her she has to wear it. Fact is, the Quran does not command the veil (Hijab).

Wearing the veil is a later tradition and is only supported by the man-made books of Hadiths and Sunna. These books do not represent the words of God in the Quran. They were created just to keep women down in those same countries where women are only allowed to drive if they have a male relative in the car (like Saudi Arabia).
 
 
Abigail Blue
14:09 / 31.07.02
Oookay... But the woman has chosen to wear the burqa in the U.S.A., so she's not being forced by the restrictive laws of her country. I realize that she may very well be feeling pressure from her upbringing, husband, etc, but:

*deep breath* I think that people seem to be forgetting that Muslim women often have a very complex and personal relationship with the hijab, and that wearing a burqa can be a woman's choice, as a symbol of her culture and as an expression of her faith. It's not always about oppression. I'll give you that, in countries where people live under shari'a (sp?), women don't have the choice, but in North America, they do. Again, I'm not saying that there aren't any Muslim women in North America who are oppressed by their families and/or the tenets of their culture, but we should keep in mind that a good chunk of those women have made the choice to wear the hijab.

Moving right along, then, I feel the same as does SMS. I really feel that it would be a violation of her rights and beliefs to force her to remove her burqa for the sake of photo ID. However, the situation obviously demands that she be able to present some form of verifiable identification if questioned. This question has to come up a lot, for passports, etc, but I've never heard it discussed.

A driver's license is a privilege, not a right.

Come, now. "Play by the rules of this culture, or you won't get any of the toys?" If we're ever going to live together peacefully, we need to drop these kinds of divisions and work towards compromises that work for all of the cultures represented. Why not ask the woman in question (better: A panel of women) and a bunch of imams to generate a solution which meets the requirements of US law, while not violating anyone's rights? Dialogue, kids: That's what I'm talking about...
 
 
SMS
15:09 / 31.07.02
I'm amazed that in California there aren't alternatives to the problem. I suspect there are, but we're in full post-Sept. 11th paranoia mode. And though I haven't read the Koran yet I'm sure from the books I've read around it that it doesn't say that women have to wear the burqua for every second of every day she's outside the house.

Most Muslims would agree with you, I think, but it doesn't really help with the problem. You can't tell a Southern Baptist to follow the practises of a Unitarian because that's more consistent with the teachings of Jesus.

The thing is, this lady has had a driver's license before. She had her face veiled on the picture, and no one had really questioned it. It's probably the post September 11 paranoia that made people realize that there is a problem at all.


Given such a hard-ass interpretatioon of Islam, I'm amazed that her menfolk even allow her to drive.

There's nothing immodest about driving a car, Jack.
 
 
Our Lady of The Two Towers
16:37 / 31.07.02
My point is that, if I understand correctly, this woman has insisted she cannot take the burqua off. But, the reason she gives is a purely personal one because it's not backed up by the Koran. If I said that I couldn't have my picture taken because it would steal my soul I wouldn't get very far, so from that point of view I don't think the woman would have a leg to stand on.

However, some sort of compromise surely could be found.
 
 
tSuibhne
17:23 / 31.07.02
My point is that, if I understand correctly, this woman has insisted she cannot take the burqua off. But, the reason she gives is a purely personal one because it's not backed up by the Koran. If I said that I couldn't have my picture taken because it would steal my soul I wouldn't get very far, so from that point of view I don't think the woman would have a leg to stand on.

So the cultural elements that become intertwined with a religion should be completly ignored? That's a really slippery slope to walk.

This all reminds me of an incident that happened when I was in highschool. Kid in my class was not allowed to play on the school basketball team because he wore a turban, and the rules said no head gear of any kind was allowed. He decided not to push it, so it went no further then him being denied the ability to play on the school team.
 
 
Ethan Hawke
17:40 / 31.07.02
Q: Would you be let into another country if you had a passport photo in which you wore a full face mask? On a plane?

Just askin'.
 
 
Abigail Blue
17:42 / 31.07.02
...the reason she gives is a purely personal one because it's not backed up by the Koran.- MMLotF

What?! It's not a purely personal reason because it's a cultural reason. Your saying that you can't have your picture taken because it would steal your soul isn't even slightly similar, unless you happen to be from a region where that is part of the belief system, which I highly doubt. If you were from such a region, however, I think that there's a good chance that you would have quite a solid leg to stand on in court.

I think the wider issue here is that North Americans and those with very similar cultures (Brits -sorry, guys- Aussies, etc) view our culture (and our cultural assumptions about behaviour, dress, education, etc) as the Norm. We fall into the "I'm very left-wing and know all about post-colonialism, but I still think that sending under-privileged children from Third World nations to Harvard and spreading Western-style education is the way to Emancipation" thought-trap. And I don't buy the crap line that "They chose to come to this country so they should toe the line and obey our laws as they are". Fuck that noise. There isn't such a thing as a distinct culture anymore, and a whole lot of strife would be avoided if people would address the cultural and religious framework of supposedly-objective-and-impartial Law before things get out of hand because we don't live in mono-cultural societies anymore!!! Aaarrrggghhh!

Wheeeeeee! That last paragraph had nothing to do with the abstract, I'm afraid, and not really anything to do with the conversation. Just needed to rant. Carry on...
 
 
Ethan Hawke
17:47 / 31.07.02
Abigail, this isn't an issue about disrespecting other cultures. It is a simple public safety issue. It's more similar to why we don't let people who come from areas where they practice polygamy or female circumcision practice it in the U.S. either. It's a totally different issue than tSub's turbaned ballplayer.
 
 
Abigail Blue
18:08 / 31.07.02
I'll give you that it's a completely different degree of disrespect than tSuibhne's example, but I still maintain that it is disrespect.

I did acknowledge in my first post that it is, of course, an issue of public safety. I also pointed out that keeping the public safe and respecting peoples' cultural differences don't have to be mutually exclusive. There has to be a way around this issue which is acceptable to both parties, and it doesn't make sense to me that they should violate a perfectly innocent woman's belief system when there are other options.
 
 
Ethan Hawke
18:19 / 31.07.02
See, i don't think that there IS any palatable compromise to either party if one accepts the right of the State to determine who can and who cannot legally operate a motor vehicle (or enter or leave its borders, as in the passport example). There's only one way of verifying this eligibility , and that is - identification. A picture ID is arguably the least infringing on someone's rights, as opposed to, say alternatives such as a fingerprint, DNA sample, retina scan, etc. A picture at least allows the citizen some modicum of privacy protection (and, to be sure, there are plenty of arguments against requiring ID for anything altogether.)
 
 
gridley
18:57 / 31.07.02
Well... here's an article about the case. They include the photo from her previous driver's license (I wonder how she feels about that!) and a poll asking what viewers think (88% say she needs to get rid of the veil).

I've got to say, the judge seems like a good guy. He refused to dismiss the case and he will hear the trial. I'm sure a lot of judges would have been less understanding.
 
 
SMS
20:35 / 31.07.02
I realize now that I got some of the details wrong about this case. It's in Florida, and she's wearing a niqab (different from a burqua?)

Oh, and she has a name, too. Sultaana Freeman.

Doesn't sound like she immigrated anywhere, except maybe from Illinois (I think that's right, anyway, but I really thought this was happening in California, too).

What are the specific public safety issues we're discussing?
 
 
Stone Mirror
03:01 / 01.08.02
There is a case in Ohio I think which revolves around precisely the same sort of issue.

Amish are being kept from taking their horses and buggies onto highways unless they sport a bright orange "slow vehicle" reflective warning triangle, of the sort that is also required on tractors, etc. Many of the Amish have refused to put the triangle on their buggies because they feel that God doesn't want them displaying anything that flashy.

Should the Amish be allowed to ignore the law in this case? If so, why? If not, why should this woman?
 
 
Stone Mirror
03:06 / 01.08.02
So would this law discriminate against Sikhs as well, or is it judged that we see enough of the face there?

Sikhs don't cover their faces. I don't think it's an issue. Florida law specifies a "full-face photograph".

But if that pesky darkie doesn't want to assimilate with our culture what's she doing over here anyway?

Oh, yawn. Try rational argument sometime, it's so much more productive.
 
 
SMS
05:10 / 01.08.02
A picture ID is arguably the least infringing on someone's rights, as opposed to, say alternatives such as a fingerprint...

Fingerprinting wouldn't compromise Mrs. Freeman's modesty, though, and it is already done. If an officer pulls me to the side of the road, and is able to check my fingerprints right there, then that would be perfectly acceptable to me. It just isn't acceptable to some police officers.

One question may be whether the officer *can* do a roadside fingerprinting. Is this feasible?
 
 
Grey Area
11:24 / 01.08.02
Portable electronic fingerprinting technology is available, example 1, example 2, and apparently research into making it more efficient has recently received a huge boost...I wonder why?

Could I join SMS'a call for someone to outline the public safety issues that are at stake here? I've been googling around but all I've been able to find is the usual vague lawyerspeak.
 
 
Ethan Hawke
12:10 / 01.08.02
The public safety issue is this:

The State has asserted the right to know who is eligible to operate a motor vehicle. People who are ineligible (those who are too young, have had their licenses revoked for drunk driving, etc.) constitute a risk to the public. The only way to verify who is and who isn't eligible is through some sort of ID. The large majority of the population wouldn't accept ID through fingerprint or DNA (as who wants the gov't to have THAT on file), so a picture is the least infringing method of doing so.
If one were to allow the woman in question to have an alternate type of ID, you'd have to let everyone have one. Which is simply not a good idea, as really, anyone vaguely fitting Ms. Freeman's decription could use the ID for anything.

(this neatly sidesteps the issue of the right of the state to keep any sort of ID at all, which I'm sure some of the more libertarian among us would object to).

Okay, the article cited above bring another interesting twist to the case. Sultana Freeman was not raised in a culture where such modesty was the norm. She was, until 5 years ago an evangelical Christian preacher. Does a convert have the same claim (legally or otherwise) to cultural protection that someone, who say, emigrated from Abu Dhabi has? Should we take her claims less seriously because she's not a "real" Muslim?
 
 
Stone Mirror
14:22 / 01.08.02
Let me understand: someone is seriously proposing here that all of the rest of us should submit our fingerprints and purchase every policeman in the state of Florida a portable fingerprint verification system in order to afford this woman "cultural protection" based on her having converted to Islam 5 years ago?

I took a quick look at my Constitution, and I haven't come across the clause that affords anyone "cultural protection". Since when does anyone have a "claim" to this notion?

If I convert to the worship of the Smoking Mirror next week, does this "cultural protection" grant me immunity from prosecution for murder after I remove a few people's hearts with an obsidian knife?

OK, let's try this. I happened to hear on the radio yesterday that the state of California, in its quest to avoid inconveniencing anyone anywhere ever, offers training materials and the written driver's test in thirty-four, count 'em, thirty-four languages! (Up from "only" thirty last year, by the way.)

Are we being "culturally insensitive" to the speakers of languages that happen not to be on that list? Does someone from the Phillipines who speaks only Tagalog have a claim to "cultural protection" and the "right" to a driver's test in the language of their preference?
 
 
cusm
16:51 / 01.08.02
I find it interesting that Sultaana is given consideration for her eccentricity because others believe in it as well, yet My Misheard Lady of the Flowers would not be recognized in her eccentricity because she is not a part of a recognized religion which supports this belief. So, how many people have to believe that their soul will be sucked out if their picture is taken before this right is respected by law? This basicly means that some religious beliefs are recognized while others are not. You have to be a part of a registered belief system recgonized by the state to get special whining rights. Worse, your devotion to that religion can be called into question to revoke those rights. Does anyone else see this as way over the line for governmental powers?

If you want to get constitutional about it, "freedom of religious expression" meant "can go or not go to the place of worship of your choice without fear of discrimination or oppression by the state." I don't think it was EVER intended that religious expression should give special privlidges and exemptions to common law. If so, tell me which forms I need to sign to say I'm Rastifarian so I can grow and smoke my own cannibas in peace.
 
 
grant
17:13 / 01.08.02
It's important to point out that this isn't just about the ability to drive. It's about picture ID, which is a different kettle of fish.

And quite frankly, Sultaana's complaint strikes at the heart of the idea of picture ID.

Never mind police & fingerprinting. How're you supposed to cash checks if the bank teller can't see your face? Get into a 21-and-up club?

Get a library card?

Sign an apartment lease?

Who ARE you under that veil, anyway?

(Oh, and the niqab is just a veil, while a burqa is the whole-body black dress dealie, I'm pretty sure. Hijab's in the Koran, but interpretations...vary.)
 
 
SMS
17:22 / 01.08.02
From a philosophical viewpoint, I think cultural protection does hold some weight. Our laws should be sensitive to those with different cultural backgrounds, because the laws are supposed to serve all people.

The constitution doesn't give us anything like that.

This is a religious matter, though. It isn't right to say that, just one reading of the Koran doesn't demand that women keep their faces covered, it isn't truly a part of her religion. There are different interpretations. This is a part of her faith.

Religious freedom does not apply to felonies. You cannot murder.

Let me understand: someone is seriously proposing here that all of the rest of us should submit our fingerprints and purchase every policeman in the state of Florida a portable fingerprint verification system in order to afford this woman "cultural protection" based on her having converted to Islam 5 years ago?

Well, I don't see any reason I would have to be fingerprinted, since I'm perfectly willing to let the people at the department of motor vehicles take my photo. They do take my thumbprint, but that doesn't have anything to do with veiled faces. Should police officers carry around a portable fingerprint verification system? We do need to consider the cost, I admit. But basically, yes, I seriously propose that.

What's the problem with offering the driver's license test in different languages? It isn't exactly a legal right, but what's the problem?
 
 
Stone Mirror
22:04 / 01.08.02
Religious freedom does not apply to felonies. You cannot murder.

Well, that's pretty darn culturally insensitive of you. Where's your respect for my adopted Meso-American roots, dammit?
 
 
Regrettable Juvenilia
22:52 / 01.08.02
Aren't you the guy who said "try rational argument sometime" a few posts back?
 
 
Stone Mirror
00:20 / 02.08.02
Well, a stubborn consistency is the hobgoblin of small minds.

But the suggestion I'm making at least parallels Ms. Freeman's situation: she takes up her variant of Islam and wants special consideration; I plan to take up the worship of Tezcatlipoca and Huitzilpochtli and, likewise, want special consideration.

That crack about "pesky darkies" assimilating with our culture was free-floating and, on close inspection, has jack to do with the case at hand. Ms. Freeman started out assimilated with our culture.

No one's seen fit to grapple with the casse of the Amish, I note.
 
 
STOATIE LIEKS CHOCOLATE MILK
08:15 / 02.08.02
cusm: "This basicly means that some religious beliefs are recognized while others are not. You have to be a part of a registered belief system recgonized by the state to get special whining rights."

This is already the case, I would think, and always has been. It's the whole cult/religion thing. (Think of the early Xtians.) Consensus is required. Note- I'm not saying that's a good thing. Nor necessarily a bad one. Just sayin, 'sall.
 
 
Abigail Blue
15:13 / 02.08.02
To echo SMS, your culture/religion doesn't give you the right to murder (except in special circumstances, I think, but which are part of a whole other thread somewhere other than this). Taking someone else's life and covering your own face as part of your religious practice are so far apart, degree-wise, as to not even be part of the same argument. (Though I realize that this thread is rapidly headed towards becoming an argument about Individual rights vs. State control in general, and not about this case in particular...)

I'm also missing the problem with offering Driver's License tests in 34 languages. Why not offer the test in as many languages as possible? What's wrong with making sure that people who are going to be operating potentially lethal machinery fully understand how to safely do so? *Shrugs* I dunno. I live in Canada, and we tend to offer all kinds of information and government forms in as many languages as possible, based on the general theory that a) Immigrants/refugees feel isolated enough without being excluded by bureaucracy and b) I'm guessing that it's kind of hard to collect taxes, etc, from people who don't read/speak the language on the forms. Not that we do anywhere near enough for new Canadians, but it's at least something.

That crack about "pesky darkies" assimilating with our culture was free-floating and, on close inspection, has jack to do with the case at hand. -SM

Um, I think that the crack had everything to do with the case at hand. We're discussing the mind-set of 'You can come to our country, you can convert to another religion, but unless you're willing to bow to our cultural norms, you cannot enjoy the same freedoms as all other Americans'. Think of it this way: Though, as a worshiper of Tezcatlipoca, your human sacrifices may not be legal, you would still be able to drive a frickin' car in order to get your groceries. That's respecting your religious beliefs while protecting the rest of the population, which is what this thread is all about.

Now. Since Ms. Freeman is not interested in endangering the rest of the population, she just wants the freedom to practice her religion, I'm again signing on with SMS: Folk who have no issues with photo ID can keep their photo ID. Those whose religion/faith/philosophy/whathaveyou prevent them from having their photos taken can work out a compromise, be it fingerprinting or something else.

Yes, yes, cost is an issue, but I, for one, would rather spend money working towards an inclusive society than working towards annihilating Afghanis, say.

And what's with the snottiness about converts? Like her faith is any less real because she converted to Islam 5 years ago instead of having been born into the religion...
 
 
Grey Area
15:23 / 02.08.02
If anything, converts often exhibit a more faithful following of their adopted religious principles...which is probably where this whole issue started.
 
 
Morlock - groupie for hire
16:15 / 02.08.02
Now. Since Ms. Freeman is not interested in endangering the rest of the population...

True, but the point of the licence is to prove that the person identified on the licence is considered safe behind the wheel of the car. The full face photo is considered a fast, cheap and accurate(?) way to link the licence with a single person. Wearing the niqab breaks the link. If Joe Policeman can't be fairly sure it's her licence, he can't be sure she's safe to drive a car. What t.o.d.d. said, in other words.

All of which is drifting off the point a bit, though. As the article suggests, and other posters have mentioned, this has only been raised as a concern post 11thSep. Government paranoia about scary foreigners posing as good ol' Americans using stolen licences with unspecific photos on them. As far as I know (not very far, it's true), a drivers licence is by far the most common form of ID in the US. Think of the number of things you can use it for.

Don't get me wrong, the religious freedom discussion is valid and valuable, but for this case it is too limiting to argue only in terms of ability to drive.
 
 
Our Lady of The Two Towers
16:55 / 02.08.02
Stone Mirror
But if that pesky darkie doesn't want to assimilate with our culture what's she doing over here anyway?


Oh, yawn. Try rational argument sometime, it's so much more productive.


Okay, next time I'll put the sarcasm delineators in just for you, as you'll notice that no-one else minded.

I just find it odd that this presumerably isn't an issue for the countless other Muslims in the US. It can't be that all the other women are letting their husbands, fathers or the nearest person with a Y chromosome drive them around, so what do they do?

Is this an issue that needs to be addressed in America at large or is it because she's converted to Islam? Am it because (as far as I can tell from that photo) she is white?
 
 
Stone Mirror
16:57 / 02.08.02
I just find it odd that this presumerably isn't an issue for the countless other Muslims in the US. It can't be that all the other women are letting their husbands, fathers or the nearest person with a Y chromosome drive them around, so what do they do?

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