Religion & American Law

Religious Beliefs and Driver's License Photos

In Norman, Oklahoma Kaye Beach is suing the Oklahoma Department of Public Safety for not allowing her an alternative to a high-resolution biometric photo for her driver’s license. The Department of Public Safety in Oklahoma requires all new drivers’ license photos to be taken with a high-resolution biometric camera and the photo to be stored in a database that can be accessed by international organizations. Beach, a devout Christian, strongly believes that Christians should not participate in any global numbering identification systems and sites passages from the Book of Revelation as her evidence for objecting to having the photo taken.

In March, Beach applied to renew her driver’s licenses and upon learning that biometric photographs were used she sought out the Department of Public Safety and tried to arrange for an accommodation to be made, specifically stating that the reason for her not getting the photograph taken was for religious beliefs. Beach even offered to submit a low-resolution photograph to be used instead of the high-resolution biometric photograph. The Department of Public Safety denied her request for submitting a low-resolution photo and did not offer any other alternatives to her. Beach therefore, does not have a valid driver’s license which means that she is being deprived of common benefits and services such as, being able to obtain prescription medications, rent a hotel room, or use her debit card. Beach claims that by not granting her an exception the state is in violation of the Oklahoma Religious Freedom Act, specifically claiming that having high-resolution biometric photographs does not serve a compelling state interest and therefore, her right to religious freedom is being denied.

The clause of the Oklahoma Religious Freedom Act that is being challenged is section 51-253 that states, “No governmental entity shall substantially burden a person’s free exercise of religion unless it demonstrates that application of the burden to the person is: essential to further a compelling governmental interest, and the least restrictive means of furthering that compelling governmental interest”.

I believe that Beach will win this case. By not allowing her to renew her license with anything less than a high-resolution biometric photograph, Beach’s rights are being infringed upon. She sincerely has a religious belief that restricts her from getting a biometric photograph taken and then entered into database that could be accessed internationally. The state should allow her to submit a low-resolution photo to be used for her driver’s license. While I understand the desire of the state to use a high-resolution biometric photograph for drivers’ licenses it should not be the only option. Requiring all drivers’ license photographs to be a high-resolution biometric photograph is not “the least restrictive means of furthering that compelling governmental interest”. So, due to her religious beliefs, Beach does not have a valid driver’s license and consequently, she is being deprived of everyday liberties that many of us take for granted. Therefore, the Oklahoma Department of Public Safety is substantially burdening Kaye Beach and is in violation of the Oklahoma Religious Freedom Act.

About : Raja CRN

Author description goes here. Author description goes here. Follow him on Twitter