by Don Davidson

Created on: December 05, 2009   Last Updated: December 06, 2009

Any country has the right to pass laws that it feels are in the best interest of its people. In the United States we enjoy many freedoms, yet those freedoms are not unlimited. For example, Congress has passed civil rights laws that make it unlawful to discriminate on the basis of race, religion, national origin, sex, etc. I'm sure many white supremacists are not happy about those laws, but that does not excuse them from obeying them. Tax protesters would prefer not to have to pay taxes, but they can go to jail if they refuse to do so. Some people believe our drug laws, and particularly laws criminalizing possession and use of marijuana, are outdated and should be changed, but that is not a legal defense if you get caught.

France's prohibition of burkas is neither arbitrary nor irrational. While some women might freely choose to wear a burka, the leadership of France is apparently concerned that at least some women are being coerced into wearing burkas by radical elements of Muslim society (as was certainly the case under the Taliban in Afghanistan). A law that attempts to defang those radical elements is a legitimate exercise of governmental authority, however misguided you may believe it is. Some cultures accept "honor killings" of women and female circumcision as normal and proper, but western societies do not. The analogy is admittedly extreme, but the point is nevertheless valid: governments generally have a right to enforce accepted cultural norms.

In addition, burkas raise legitimate law enforcement concerns, since a person wearing a burka is at least as well disguised as a person with a ski mask or other facial covering. Witnesses generally identify perpetrators of crime through facial features, but a person wearing a burka conceals those facial features. Again, you may disagree about whether such a concern justifies prohibiting the wearing of a burka, but the concern is not irrational or arbitrary.

Finally, I perceive a certain hypocrisy among some Muslims concerning this type of issue. In countries where Muslims are a minority, they tend to fiercely defend liberty and freedom of religion, including of course the freedom to practice and spread Islam without restrictions. Yet in countries where Muslims are in the majority, I do not see that same respect for freedom. Non-Muslims in Muslim countries are generally required to conform to Muslim culture. For example, a female visiting an Arab country (such as a female reporter) must wear a head covering, even if she is not Muslim. And people of other religions are often severely restricted, or even prohibited, from attempting to share their religion with others in Muslim countries. In many Arab countries, a Christian can be imprisoned (or worse) for attempting to convert a Muslim to Christianity. Saudi Arabia doesn't even allow non-Muslims to reside in the country, except on a temporary basis.

So it seems that for some Muslims, freedom is a one-way street. They favor it when it works in their favor, but not otherwise. If Arab countries have the right to mandate head coverings for non-Muslim women, and can properly prohibit Christians from telling others about Christianity, then I see no reason why France would not have the right to ban burkas if she feels that such is in the national interest.

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