Hobby Lobby and the French Burqa Ban -- Are there parallels? While Americans were all reacting this week about the Supreme Courts Hobby Lobby decision, similar issue was decided by the European Court of Human Rights regarding the French ban on the burqa. Setting aside, if we can, for a moment the politics of what religious freedoms mean for conservative Christians in America or burqa wearing Muslim women in France, the decision of these two courts suggest a radically different interpretation of what is freedom and the social good. The US Surpreme Court, by allowing a small minority of companies to opt out of certain laws for religious reasons seems to be saying: In America, freedom means being free to segregate oneself into a small enclave of similar minded people, even if that means restricting the options of your employees. So, in America, does freedom really mean to be free from others? Is that our social good? The French burqa ban case is similar: to the French (at least according to this article) the burqa was also a freedom separate oneself into a small enclave of similar minded people. However, the European Court decided very differently than the American Supreme Court ... and for very different reasons. The European Court agreed with the French that women wearing face-covering veils in public spaces could undermine social cohesion. French residents, the Court found, should not be subjected to practices that inhibit interpersonal relationships that are an indispensable element of community life within [French] society.. Fascinating. So, for the French social cohesion that comes from face-to-face communication. This is more important than the right of a small group to segregate themselves from others. On the other hand, the American Supreme Court seems to be claiming the social good is better achieved when people have the freedom to segregate themselves from each other. Is this a fair interpretation? Personal Note: I am not sure I am comfortable with the burqa ban, and this story indicates that many Muslims in France just consider this ban descrimination. So, there are more than one side to this story. Still, the differences in philosophical approach to the social good -- being free from others versus being free to form relationships with others -- is fascinating. huffingtonpost/leland-ware/burqa-ban-france_b_5555732.html
Posted on: Fri, 04 Jul 2014 05:21:54 +0000
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