tag:blogger.com,1999:blog-606201113344523885.post7674882132617490557..comments2024-03-28T13:08:26.494-04:00Comments on Religion & American Law: Does the removal of a hijab also mean the removal of constitutional rights?Brantley Gasawayhttp://www.blogger.com/profile/02894338478934982958noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-606201113344523885.post-60053808342613221202015-01-28T00:03:10.166-05:002015-01-28T00:03:10.166-05:00This is a difficult case in terms of seeing what i...This is a difficult case in terms of seeing what is right and wrong. Reading this post reminded me of the conversation we had in class regarding the prisoner with his beard. In terms of constitutionality, I think the guards should have looked into finding a female guard in order to not violate the woman's freedom to practice her religion. However, didn't the woman forfeit her constitutional freedoms when she broke the law and was arrested? Courtney W.https://www.blogger.com/profile/16315571330181883561noreply@blogger.comtag:blogger.com,1999:blog-606201113344523885.post-89233827013539386842015-01-27T23:08:32.624-05:002015-01-27T23:08:32.624-05:00In my opinion, the woman's rights were definit...In my opinion, the woman's rights were definitely violated. This situation also makes me uncomfortable in that whether it be a hijab or any other article of clothing, by making someone remove said clothing in front of the opposite gender is downright humiliating, and no one deserves that. Just as others have said before me, I think the woman's behavior during these proceedings should certainly be taken into account. She was in no way resisting arrest or being non-cooperative during booking, but instead she was acting on her values that happen to be religious in nature. I also do not at all agree that a person should lose any of their constitutional and/or civil rights just because they become incarcerated, but that is a totally different issue for another time.Anonymoushttps://www.blogger.com/profile/11065065543773248730noreply@blogger.comtag:blogger.com,1999:blog-606201113344523885.post-936047859912306102015-01-27T16:42:23.529-05:002015-01-27T16:42:23.529-05:00After reading this post, I find myself returning t...After reading this post, I find myself returning to the discussion we had in class regarding the prisoner, and his religious duty to grow a beard. I again propose that this is a slippery slope in regards to what exceptions are being made, and when. While i see no threat in either the hijab or the beard, I disagree with the decision to allow such practices once in custody. I believe that when there is a set of guidelines, they should be followed for all inmates, regardless of religion. The people in question were in violation of a law, which in my opinion voids some civil liberties. Just as a felon is no longer allowed to vote, I believe once placed in custody for the violation of a law, you have voided your rights. I believe this protects the police force from discrimination, by creating a uniform procedure with no exceptions.Will P.https://www.blogger.com/profile/15980433816906300784noreply@blogger.comtag:blogger.com,1999:blog-606201113344523885.post-52583261051289601132015-01-27T12:43:00.754-05:002015-01-27T12:43:00.754-05:00I agree that this was a direct violation of her co...I agree that this was a direct violation of her constitutional rights. It is definitely important to look into the issue of whether or not there was a female officer available at the time. However, the fact that many license photos allow the hijab to be worn supports her right to continue wearing it. The face is still visible so it would not extremely alter the way she looks were she to continue wearing it. A police department is a state-run institution, and they have the right to ensure people are still given their constitutional rights. I personally do no think that being arrested means that one's rights are lost, but I suppose this is up for interpretation. Libby Whttps://www.blogger.com/profile/12710061480560241013noreply@blogger.comtag:blogger.com,1999:blog-606201113344523885.post-21626713417020974012015-01-26T22:06:27.842-05:002015-01-26T22:06:27.842-05:00I concur with Mackenzie in that Police Department ...I concur with Mackenzie in that Police Department should have obliged Kazan’s request for a female officer to remove her hijab. I understand why it would be necessary for security purposes for her to take it off for the photo but do not see what the problem would be with having a female officer do it. However, I refute the argument made by others above that this is the targeting of a specific religion. The police have a tough job and are the victims of much criticism. Maybe they were not familiar with this particular religious observance? I am not justifying their actions but do want to frame this one situation into the small incident that it was, where I do not see much harm done. However, I must admit my knowledge of the religious significance of a hijab and its purpose is limited. Alex L.https://www.blogger.com/profile/13646550913147050243noreply@blogger.comtag:blogger.com,1999:blog-606201113344523885.post-87617365758382317712015-01-26T16:53:11.357-05:002015-01-26T16:53:11.357-05:00I agree with the author’s opinion that the police ...I agree with the author’s opinion that the police department has an interest in making sure constitutional rights are protected, which they did not in this case. Kazan was not refusing to have the photograph taken, only with the fact that it was in the presence of a male who was not in her immediate family. Therefore, there was no security concern that could justify not allowing her to take her hijab off in front of a female officer instead of a male officer and therefore forcing her to violate her religious beliefs.Mackenzie Yhttps://www.blogger.com/profile/07128715799065965096noreply@blogger.comtag:blogger.com,1999:blog-606201113344523885.post-58809055417645028952015-01-26T13:46:14.343-05:002015-01-26T13:46:14.343-05:00I agree with you in that it was wrong and seemingl...I agree with you in that it was wrong and seemingly unconstitutional for the police to force her to take her hijab off, though for a different reason. Not only was she hindered from freely exercising her religion, but the police did not have a narrow and compelling interest in doing so. What were they achieving by doing so? It appears as if they did not force her to remove the hijab for security reasons, so what interest do they have? It seems as if whatever that interest is, it is not as important as the right to freely exercise one's religion without government interference. The government was targeting one religion and the constitution requires the government to be completely neutral. Thus, not only did they not have a sufficient interest, but they were also being unfair and not neutral.Anonymoushttps://www.blogger.com/profile/09987255088647103218noreply@blogger.comtag:blogger.com,1999:blog-606201113344523885.post-52178451774114664662015-01-26T09:33:42.826-05:002015-01-26T09:33:42.826-05:00In large part, this post reminds me of the discuss...In large part, this post reminds me of the discussion we began to have in class in which we questioned whether the equality of religion should be treated on a case by case basis, or if true equality is having a set of rules and requiring everyone to follow them once they are arrested. It may seem easiest to just have everyone follow the same rules, but as you pointed out, "the US has found itself in a place with more diversity than possibly imagined when it was founded". Thus, when guidelines of arrests were made they were thinking with non-muslim practices in mind, which now promotes inequality. Maybe it is time to re-evaluate the system that the police use to make arrests and it is time to establish guidelines or new procedures in order to allow muslims and other religious minorities to not feel that their faith has to be questioned when they are arrested. Having these could avoid possible future conflicts and would show a greater toleration for all religions as they are forced to follow the same guidelines and procedures. Anonymoushttps://www.blogger.com/profile/14535845048302145245noreply@blogger.com