Boulder's Latest Cultural Debate: Hijabs in Mugshots
The Muslim headscarf debate isn't confined to France, where a court recently annulled a fine imposed on a woman for wearing her veil while driving. Similar disputes have taken some rather unlikely forms in places across the United States, like Georgia, where a Muslim-American woman who was arrested for refusing to remove her headscarf before entering a courtroom has filed a civil liberties lawsuit (via Reuters).
In Boulder, discussion has cropped up over an arrested University of Colorado student's desire to wear a headscarf in a police mugshot. A ruling made available to the public Tuesday reveals that a Boulder County judge denied Maria Hardman's request to wear her headscarf, a hijab, for the photo, which was yet to be taken, writes the Daily Camera. Hardman, a 19-year-old convert to Islam who had been detained for driving under the influence of alcohol while riding her scooter, cited Islamic law, which forbids removing the headscarf in public.
The court ruled that the jail should make accommodations to take the photo in a non-public part of the jail without men present. But it doesn't appear any special accommodations will be necessary. Late yesterday, after the ruling was publicized, Boulder County Sheriff Joe Pelle said he will allow Hardman to wear her headscarf in the booking photo if she pushes it back far enough to expose her hairline and ears.
Security should prevail
When security is a concern, safety should override religious practice.
The Devil, so to speak, is in the details of determining what security really requires.
For example, I question whether every security measure is in fact necessary. Along the lines of the recent TSA controversies, I'm sure we could increase security by having everyone strip-searched. What are the exact limits? I don't know.
In the case of the mug shot, which is meant to identify someone, if it prevents this purpose, the scarf needs to be removed. If not, it can stay. I think it's also legitimate to ask the police to have the photographer be a woman if it needs to be removed. Although I don't agree with the practice of submission to religious law, there's no point in needlessly upsetting people either. However, I would consider it optional from a moral and legal standpoint, and would classify it more as "customer service".
As for Europe, is it any surprise that they don't seem to understand what freedom is? A government-imposed headscarf ban in cars or schools? That's wrong. On the other hand, if it's imposed privately by a particular school that should be within their rights. Muslims can try to convince the school to change, or not attend such a school.
There's an essential difference between whether a practice is necessary for security or imposed by force of law (in which case nobody can escape it), or is a matter of a private organization exercising their property rights (in which case someone can choose not to attend the school, or if necessary open their own).