First Amendment

Originally Published August 12, 2009; Last Updated February 10, 2010; Last Republished February 03, 2010:

Hey France, we have more important things to work on than what clothing is appropriate for women (or men) to wear or not to wear in a public environment¹.

Subject to bare minimum² (pun alert) rules on public health, safety, and lawful identity requests by authorities a person must be able to wear or not wear whatever amount and type of clothing makes them comfortable³.

Fortunately, most accommodate the wide public preferences without much fuss even when those preferences do not reflect the bare minimum. But, we should also accommodate and accept the fussy—whether that's a burkini or bikini.

Web:

• UPDATED 02/10/2010 UPI, Jack Straw: No ban on burkas in Britain.

  "I do not believe that this is a matter which should be the subject of the criminal law in which we were expecting the police to remove these items of apparel from women who choose for religious or cultural reasons to wear them,"--Foreign Secretary Jack Straw--

  Or for whatever reason makes sense to those choosing to wear them...maybe it makes them feel like everyday is Halloween...who cares what they choose to wear...

• UPDATED 02/03/2010 BBC, France bars citizenship over veil.

  It seems useful to distinguish between ensuring all women function as autonomous individuals in all their decisions and dictating what an autonomous woman chooses to wear.

  Of course for women to function autonomously they must be taught—this may be what France is trying to accomplish using an ineffective method?

  It seems useful to point out that some segments of our own society vehemently oppose women's rights to function autonomously and assert they should be subservient to others. You won't see a burka, hajib, niqab, al-amira, shayla, khimar, or chandor but the oppression and coercion is very real.

  The article includes a nice graphic showing the various types of scarves primarily worn by Muslim women.

• UPDATED 08/15/2009 BBC, French minister urges burka ban.

  The French minister, Fadela Amara does not provide the supporting logic and evidence for her assertion that a law banning the wearing of the burka in France would help stem the spread of the "cancer" of radical Islam.

  Unfortunately, the French minister is likely exactly 180^o incorrect in her assertion that a burka ban will be helpful. In fact a very strong case can be made that her assertion is every bit as oppressive as the derigueur demanded or imposed on women by the male dominated tribal religion of Islam.

  Ensuring the education of all women worldwide will likely accomplish what the French minister's proposed burka ban will not—and a whole lot more!

  One can certainly understand the frustration of the mostly educated and always enlightening French women when lesser educated women engage in obsequious (wearing a burka is only one of the many expressions) behavior—however, they above all must know that a law banning a burka is not helpful. In fact it makes about as much sense as a law mandating the wearing of a bikini or jock strap.

  Stated in the context of the French minister's assertion; it's not the law that will empower women to cease their obsequious adorning of a burka but their education. Of course that may imply changes that the French minister is less enthusiastic about⁴?

• Muslim Swimsuit Draws French Ban

-----notes-----

1. As opposed to private; prison; or contractual and consensual organization; (e.g. military, clubs, boy-girl scouts, police, judge etcetera) environments.

2. Authorities are nothing if not infinite generators of justification for rules, especially those relating in any way to sexuality. Bare minimum means birth clothing unless absolutely and scientifically necessary for identity, health and safety.

So for example France's "strict hygiene standards" forbidding the wearing of a burkini at a public pool is not "bare minimum"—neither is an American judge's rule prohibiting the wearing of a bikini in court.

As an aside I recently observed an American courtroom clerk request a male to remove his hat while permitting a female to continue wearing a multi-colored knitted scarf like cap during the same proceeding.

3. There are American communities, which are "bare minimum" tolerant. The occasional naked walkers, bikers, runners, and protesters are ignored—as are those wearing clown clothing, jeans, avante garde, and haute couture.

4. Some nations with higher standards of living often seek to sustain their standard of living by failing to invest in their immigrant population (at the other extreme are those nations requiring college level job ready skills and a job offer for their immigrants).

Nations adopting a low investment immigrant strategy often resort to draconian laws aimed at the immigrant population—their unspoken reasoning is that it's cheaper and does not defeat the purpose of allowing them to immigrate in the first place.

Of course as their jails fill up and incarceration costs sky rocket the nation’s leadership begin rethinking their "low cost" immigration strategy—especially if the nation is a “democracy” following the rule-of-law and their judges begin mandating how much more they must spend on prisoners to meet minimum standards.