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no, I can't really see that.

it sounds good to pass laws that expand freedom, but this law doesn't expand freedom, it takes it away.  

you have the president of France saying that there is something wrong with women who choose to cover.  He didn't say there is something wrong with coercing them.  We could all agree on that, and even on laws that punish people for coercing others.  Instead, you would become the coercers and the sanctimonious judges of other people's morality.  

There is something wrong with a secularism that feels the need for coercion.  It violates one of the most basic principles of Enlightenment thinking, which is that there should be no laws made respecting an establishment of religion.  That means that the state should neither support or oppose the exercise of religion, including in matters of dress.  

by BooMan on Tue Jun 23rd, 2009 at 01:57:11 AM EST
[ Parent ]
But Sarko isn't really bothered by any of this: he's simply playing to the anti-Muslim gallery for votes. Standing up against the darkies because it makes some of his more xenophobic supporters happy.

That means that the state should neither support or oppose the exercise of religion,

Except when it should: human sacrifice isn't generally popular.  Religion is only free up to the point it starts messing with people's rights.
by Colman (colman at eurotrib.com) on Tue Jun 23rd, 2009 at 02:13:44 AM EST
[ Parent ]
you know, you can make up new religions with asinine rites and harken back to old religions that no longer exist to find things so extreme that any state would feel compelled to criminalize them.  

As a mental exercise, that's fine and can help clarify unexamined assumptions.  

But none of it is applicable here.  We aren't talking about public urination or human sacrifice or public nudity.

The rights of a supposedly free people are being threatened so that there might be some hypothetical gain for a subcategory of the people being impacted.  

That hypothetical gain already exists and can be strengthened without bans on dress.  

My advice would be to keep the state from exerting any power over people that isn't absolutely necessary.  And guard that jealously.

by BooMan on Tue Jun 23rd, 2009 at 02:31:22 AM EST
[ Parent ]
The serious point is that "free" states don't allow the practise of religion to stomp all over people's other rights. Freedom of religion is balanced with the other freedoms - in this case, you could argue, the anti-burqa crowd may be trying to argue that it impinges on other freedoms.

My advice would be to keep the state from exerting any power over people that isn't absolutely necessary

You're confusing necessary and the norm in the US. Why is it necessary that female nipples be covered but not male? Why is it necessary that penises must never be seen? Why is it necessary that polygamy be banned?
by Colman (colman at eurotrib.com) on Tue Jun 23rd, 2009 at 02:39:18 AM EST
[ Parent ]
If you are arguing that people should be even freer to dress (or not be dressed) anyway they want, then you'll get no argument from me.  I didn't think that was the debate.  

As for polygamy, it's a legacy of biblical injunctions that doubles as good deal for women and their empowerment.   It might not be strictly necessary, but it has its purposes.  

by BooMan on Tue Jun 23rd, 2009 at 02:51:23 AM EST
[ Parent ]
BooMan: We aren't talking about public urination or human sacrifice or public nudity.

Precisely.  Whether you agree with its justification or not, public nudity is outlawed for a specific reason: to "protect" the public from so-called "indecency".  Clearly that same reason does not apply to the wearing of burqas.  So the issue of public nudity is really not relevant here.

What is relevant is finding a reason that justifies prohibiting the wearing of burqas.  So far at least three have been brought up, with varying levels of explicitness:

  1.  Because society, formalized by the state, has determined that the burqa is a sign of female subjugation, which is incompatible with the values and principles of the society.

  2.  Because girls and women are regularly coerced to wear the burqa (whether they admit in public, or even to themselves, or not).

  3.  Because the burqa is a religious symbol which should be kept out of public spaces in a secular society.

None of these is sufficient grounds for outlawing the wearing of burqas, in my opinion.

Truth unfolds in time through a communal process.
by marco (cowannar at gmail punkt com) on Tue Jun 23rd, 2009 at 03:18:30 AM EST
[ Parent ]
I think you're wrong: I think the debate is precisely that the burqa is indecent - "not in keeping with accepted standards of what is right or proper in polite society".
by Colman (colman at eurotrib.com) on Tue Jun 23rd, 2009 at 03:21:31 AM EST
[ Parent ]
Yes, put that way, you are right.  I was referring to "indecent" in the sense of sexual (pornographic) indecency, whereas I would consider the indecency being imputed to the burqa as sociopolitical indecency, for lack of better terms.  Nevertheless, both are forms of indecency, and I don't see any a priori reason why only sexual indecency should be the grounds for outlawing certain behavior/dress, etc.

Still, somehow I feel there are indecency criteria or an indecency threshold that indecent exposure does satisfy but burqas do not.  I have to think about it more, but I believe that it has something to do with the intent of the behavior (or lack thereof).  If I understand illegal public nudity correctly, it must involve an intention to shock, offend, titillate or "upset" others in some way.  In other words, it involves a form of psychological aggression.  I think there is a key difference with burqas there: while some people may wear burqas in order to offend, shock, upset, etc., I believe that for the vast majority, that is far from the case.  People may be disturbed at the sight of burqas, but that is normally not the intention of the wearer.  Wearing a burqa, I daresay, is not a form of psychological aggression.  And for this reason, even if some people may find it "indecent", that indecency is in their (the viewers') head, not in the intent of the burqa-wearer, and so it is not a form indecency that should be made punishable by the law.

Truth unfolds in time through a communal process.

by marco (cowannar at gmail punkt com) on Tue Jun 23rd, 2009 at 04:23:45 AM EST
[ Parent ]
I happen to find the burqa FAR more indecent than nudity.

It speaks volumes about the contempt and domination in which those women are held by their own community. Nudity, in contrast, does not diminish anyone, only the social stigma associated to it would make it so.
That the indecency be not the intention of the Burqa-wearer only makes it worse: it is the intention of the community that forces them to become Burqa-wearer.

And it is not about religion -unless we are talking about a new religion. Islam was all over the world with not a Burqa in sight apart from Afghanistan until very recently.

It is, however, very much about the subjugation of women.

Earth provides enough to satisfy every man's need, but not every man's greed. Gandhi

by Cyrille (cyrillev domain yahoo.fr) on Wed Jun 24th, 2009 at 04:33:11 AM EST
[ Parent ]
I think you have the dynamic completely wrong: first you decide that you want to ban the burqa/hijab because it's indecent and you want to assert the state's power over a minority (keeping them economically isolated in crappy suburbs with aggressive policing not being sufficient to garner votes, apparently) and then you look for justifications for banning it.
by Colman (colman at eurotrib.com) on Tue Jun 23rd, 2009 at 03:39:42 AM EST
[ Parent ]
My religion proscribe that I do not cover my breasts. I will therefore be wearing a shirt with two holes, and my bare boobies hanging out. Would this be legally problematic somewhere? Do I need a note from my religious leader saying it is religiously required? What if there is no such leader, or I am it? After all, I was the one to whom the god Zxgerica descended, and infused with the knowledge of the 63 supreme commandments, and the 572 recommendations, and I intend to follow them all to the letter. Also, on Wednesdays I must piss on all trash cans in my regular daily path, or no salvation for me. Hope you don't mind...
by someone (s0me1smail(a)gmail(d)com) on Tue Jun 23rd, 2009 at 02:16:26 AM EST
[ Parent ]
Ah, but you see, the prohibition  on (female) bare boobies is for good practical reasons, not largely irrational ideas of decency. Those reasons will occur to me in a moment. Now, what sort of cake would you like your file to be smuggled into jail in?
by Colman (colman at eurotrib.com) on Tue Jun 23rd, 2009 at 02:20:33 AM EST
[ Parent ]
[citation needed] Can you prove that you are the leader of your own religion? Who else can vouch for the truth of you being the leader of your own religion? Has your book of revelations been printed, and cited anywhere in the literature? Do you rent or own a building specifically for the purpose of worship? Have you registered for tax exempt status already?

--
$E(X_t|F_s) = X_s,\quad t > s$
by martingale on Tue Jun 23rd, 2009 at 02:28:25 AM EST
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Prove? No, of course not. That I am the leader is a matter of faith! No one can vouch, I am the high priestess and thus no one is in a position to speak about me, and the truths revealed to me. It is forbidden to print the word of Zxgerica. Worship must take place in open air, no building allowed. The church pays tax because Zxgerica has demanded it. "As the world is in the church so is the church in the world, and taxation shall be abided". Paying tax is one of the 63 supreme commandments. In fact, the church has its own minimal tax scale, and if the government has a lower rate we are forced to push money on it. You have no idea how annoying it is to try to explain this. We keep being accused of bribery!
by someone (s0me1smail(a)gmail(d)com) on Tue Jun 23rd, 2009 at 02:55:52 AM EST
[ Parent ]
Indeed this is a marvellous religion, which I would be glad to join if I wasn't already sworn to forsake worship. It was a mere youthful indiscretion, to be sure, but one whose consequences... grew... and well, are we not all chained to our past, one way or another? *sigh*.

Unfortunately, I must deny your request to be taken seriously. My hands are tied, you understand, but without sufficient corroboration by other parties, it is very difficult. There are individuals, you see, highly unscrupulous individuals... and you will laugh at this: they pretend to have a religion! I know, I know, how could anyone believe them? Ha, ha. They are of course nothing like you, but you see, your temporary... shall we say lack of documentation... puts you, regrettably, in their company. It happens to the best of us, I could tell you stories... but I digress.

Of course, my door is always open should you come upon a reliable set of references, and I have little doubt that your present predicament cannot last. In my experience, leaders of idiosyncratic religions often pass through a period of tribulation and testing, it's in the nature of the thing, and is usually not fatal. (Well, I say it isn't fatal, but how would I know about the fatal cases, I ask you? Ha, ha.)

I trust therefore that I shall see you soon, with all the paperwork in order, and together we shall be able to put this little contretemps behind us once and for all, with all the contempt it so richly deserves. My secretary will be happy to make an appointment for you.

--
$E(X_t|F_s) = X_s,\quad t > s$

by martingale on Tue Jun 23rd, 2009 at 03:58:44 AM EST
[ Parent ]
BooMan:
the state should neither support or oppose the exercise of religion, including in matters of dress

How do you square this with

BooMan:

the Mormons abandoned polygamy as a condition of Utah becoming a state

Is there not American legislation against polygamy? Didn't Utah becoming a state entail the integration of its inhabitants into the sphere of the rule of American law?

by afew (afew(a in a circle)eurotrib_dot_com) on Tue Jun 23rd, 2009 at 02:32:01 AM EST
[ Parent ]
Polygamy is against the law and so far that principle has withstood court challenges.  In the specific case of Utah, I believe it was an agreement that Utah would pass such a law, but I don't think the federal government enacted anything.  
by BooMan on Tue Jun 23rd, 2009 at 02:46:34 AM EST
[ Parent ]
My main question was

afew:

Didn't Utah becoming a state entail the integration of its inhabitants into the sphere of the rule of American law?
by afew (afew(a in a circle)eurotrib_dot_com) on Tue Jun 23rd, 2009 at 02:48:28 AM EST
[ Parent ]

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