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Austin's Atheism Blog

By Austin Cline, About.com Guide to Atheism since 1998

Headscarves and Driver's Licenses

Tuesday February 24, 2004
There has been some debate in some states about the legitimacy of people wearing headgear of various sorts when being photographed for their driver's licenses. Some argue that it should be permitted for religious reasons while others argue that it makes identification more difficult. Alabama has decided to allow headgear - but only for religious beliefs or medical conditions.

ABC News explains:

Muslim women who had complained were glad to see the state's quick response. "This is a victory for religious freedom for everyone in this country," said LaTonya Floyd of Mobile. The new policy requires that the face be visible from the top of the forehead to the bottom of the chin and from the hairline on one side to the hairline on the other side. Troy King, the governor's legal adviser, said the change would maintain the state's goal of being able to identify a person from a driver's license photo while being respectful of people's religious beliefs and traditions.

Exemptions for medical reasons are easy - a note from a doctor is enough. But how can exemptions for religious reasons be validated here? Can someone simply say "this is for religious reasons" and be exempted? Probably not. Must a person bring in a note from a religious leader? That would work, but it would discriminate in favor of organized religions that have some sort of clergy and against groups that have no such office. And what if someone wears headgear as a matter of personal conscience that is not part of a religion - is their position less worthy of exemption? A religious exemption is fine if it is applied broadly enough - but will it be?

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