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Sunday, March 18, 2012

Hijab Discrimination under a Different Name

Sunday, March 18, 2012 - 0 Comments


             Discrimination is a reality of societies unfortunately. People discriminate on the basis of race, religion, gender, and nation, among other factors. In this essay, I will write about the religious discrimination that a Muslim woman named Hani Khan experienced in San Francisco. This incident was discussed in the USAToday by Marisol Bello. Khan was a student, and she worked for three months in a clothing store as a stockroom clerk. Her supervisors offered her two options. Either she could remove her headscarf, known as a hijab, or she would be fired from her job, even though she wears the hijab as a religious observance. Eventually she refused to remove her scarf, and she was fired. Khan filed a federal job discrimination complaint against the company. Bello explains that "She (Khan) is among a growing number of Muslim women filing complaints of discrimination at work, in businesses or in airports." In fact, according to the news, in 2009, 425 Muslim women filed workplace discrimination complaints with the Equal Employment Opportunity Commission. These complaints were dismissed or resolved through mediation and lawsuit. 


            In this incident, the most important thing was that Khan's scarf became a problem for the company in view not because it was an Islamic observance, but because her wearing of the headscarf violated the company's "look policy" according to the company. "The policy instructs employees on clothing, hairstyles, makeup and accessories they may wear to work."


            My purpose in this essay is to ask a question: Is there a law which cannot be interpreted by different ways? Is there a law that everyone infers from this law the same meaning? I think definitely not. For example, everyone knows that in the United States religious discrimination is prohibited. However, the conception of discrimination is being interpreted by people. In this incident, the company claimed that it was not discriminating, but was only carrying out its policy about workers’ appearance. Furthermore, there is a similar issue between Bob Jones Universityand the International Revenue Service. Since the sponsors of the university believe that the Bible forbids interracial dating and marriage, they apply some rules on enrollment to the university. They follow their faith but the IRS considered these rules as racial discrimination.

           In addition, especially after 9/11, the United States developed a security policy which generally is intended to target Muslims. For example, in American airports Muslim women often have to remove their hijab, or have to undergo extra security checks. Nobody knows why security officers have to check Muslim women multiple times. Either they think that even though all Muslims are not terrorists, all terrorists are Muslim, or they do not have such a prejudice and their purpose is only security issues. It is very difficult to determine in these kinds of cases whether the company is actually enforcing its workplace appearance policy or if it is in fact discriminating on the basis of religion. However, when I look at the result of the issue, I can see that a woman is prevented to get her scarf freely. If a Muslim woman has to remove her headscarf, how can the laws found neutrality or equality among citizens?  Is not it a kind of discrimination?   


            Finally, I offered here an example of religious discrimination which was carried out for another reason, the appearance policy of a company. There should be a way to prevent the using of such reasons. No company does have a right to determine a policy which causes a kind of discrimination because human rights are more important than companies' or countries' policies. Otherwise, every time people may be undergone such discriminations by different reasons. What is the cause of such a conflict, the structure of laws which is proper to be interpreted differently, or there is not sufficient and explicit clauses to stop these kinds of interpretations?

Monday, March 12, 2012

Vatican Makes Money Laundering List Of U.S. State Department

Monday, March 12, 2012 - 0 Comments

       The article discusses the legal  issue surrounding the speculations of their being possible concerns of money laundering taking place within this institution. Although the report relates that the vatican is not at high risk concern or the most popular group on the list it is unfortunate to have such accusations place on a institution such as the Vatican. Religion and Legal social issues seem to come up often in social issues. But to question the legitimacy of a religious group is very sketchy and less trustworthy.
   Looking back at the text from the books the Mormon Question and Was America Founded as a Christian Nation. These books related religious ideas as defining and establishing the means of morality in society that influence the acceptance of such groups practice such as the Mormons polygamy. The problem with the Vatican being placed on this list is that it reflects negatively on public perception of religious organizations. What the article tells us is that the Vatican is under consideration of possible money laundering operations with more vivid details that explain why.
The reason they have been added was because of the access of large funds that circulate through the ‘Holy See”. This vulnerability in the financial structure presents situations that may form corruption or susceptible to money launderers.
   I take notice of the action that the Pope and Vatican has taken to correct this problem. By creating a new system of transparency of the transactions the Vatican bank takes it reflects a sense of nobility on their part. Their actions may foreshadow past reports of corruption and possibly get the Vatican on the “white List”. This list is particularly different from the U.S.State Departments list. It includes groups that comply with international regulations and standards to prevent financial crimes that the Vatican is being reformed to.
  I do believe that the Vatican may not be as corrupt as people suspect it to be and that they have made an effort based on the details of this article to display their aim to refrain from financial crimes.  

Atheism: The next big religion?


In her post on March 10th, L.A. radio host Kennedy described the public reaction to her comment on Real Time with Bill Maher, that Atheism is a religion. The reaction to the comment was dramatic; to say ther least, with Kennedy’s Facebook and Twitter feed becoming “engorged with angry responses.” the question posed by this blog, over whether or not Atheism is a religion, could have far reaching effects on how the First Amendment is interpreted and applied.
The United States has been trying to deal with the position of religion since its inception and, as Kennedy points out, a lot of the difficulties that arise can be attributed to the lack of a clear definition of religion. Sadly, if I have learned anything as a Religious Studies student, it is that defining religion is as easy as telling someone who had never had a banana what a banana tastes like. The fundamentally subjective nature of religion allows the definition to be tailored to the user’s purpose. For example, one could argue that religion is the belief in a god or gods, which control human destiny. Based on this definition, Buddhism, one of the world’s largest religions would be excluded, due to its lack of a central deity(s).

The argument over the religious nature of Atheism appears to be a problematic one at first glance, but that issue disappears when you examine the definition of theism which according to the OED, means, Belief in a deity, or deities, as opposed to atheism. Atheism then would fall into the same category as Buddhism, with there being no “divine” deity. While some might argue the Buddha is their deity, I would respond by saying that there are many Buddha’s and everyone has the potential to achieve this state. In fact, for a long time the U.S. court systems would not accept witness testimonies from Buddhists because they did not believe in a god, negating the swearing in process.  Since then Atheism has become a religion in its own right, and is an active participant in “religious” debates.

I believe the strong reaction to the argument that Atheism is a religion stems from Atheism’s adversarial position in relation to Theistic religious traditions, and the hostile nature that frequents their dialogues. The only impediment I see in Atheists succeeding is the number of self-identifying Atheists, who also identify with recognized religious traditions. Kennedy points out in her post that both sides are in agreement as to the non-religious status of Atheism, seemingly making this a moot point. I would argue that much of the publicly stated positions for both sides, are merely instances of posturing within the context of their appearance to the public and the consequences thereof.

Georgia Controversy over “In God We Trust” Stickers




            Georgia is facing on-going controversy involving “In God We Trust” stickers on state license plates. An Atlanta Journal Constitution article  describes the most recent decision, to make the stickers free to anyone citizen who wants one.  This bill passed on Feb. 28th, with a 48-3 vote. Previously, the stickers could be purchased for $1 each.
            This debate, however, dates back to Spring 2011. Originally, the license plates designs were put to a contest, where car owners could vote for the design for the new Georgia license plates. Some of the designs included “In God We Trust” where the county decal is typically found. In July, Republican Senator Bill Health proposed to make the motto default on all license plates manufactured after July 1, 2011. This bill, however, was dropped in committee.  Health proposed the most recent legislation because he believes it to be, as the AJC article phrases it, “’ unconscionable’ for the state to profit from what he considered an expression of faith and respect.”
            This issue has stirred considerable controversy throughout its run. The initial move to make the stickers mandatory struck statewide debate. Atheist groups are protesting the most recent decision to offer the stickers free of charge. One such website states, “...what state needs hundreds of thousands of dollars in revenue when its representatives can preach their faith for free?!”
            The earlier move to make the stickers mandatory seems to be a clear violation of the rights of motorists. The debate over whether or not to charge for the stickers is trickier. It seems particularly complicated because it involves a state-run service as well as individual purchases for an optional product. By not requiring the sticker to be mandatory, the state is not necessarily infringing on the rights of the individual. The concern does not seem to be one framed primarily in terms of individual rights, but rather of the right of the state to offer the product for free, which is a highly monetary concern. Thus, the legal issue at stake here is whether or not the state has the right to monetarily benefit from the sales of these stickers.
            I think the decision to offer the stickers for free should be overturned. The state would benefit from the sales of the stickers, and no individual person would be at great loss for $1 per sticker. This is a luxury provided by the state, not a right of expression.  Although the petitioning Atheist group cited above opposes the measure for monetary concerns, some may oppose the sticker being on the license plate at all because it is a state issued, legal license.  Although I think this is a valid concern, it does not seem to be an innate infringement of rights to offer the stickers at a low cost. Sen. Health’s argument falls on the other side of the debate, that the state cannot conscientiously benefit over what he sees as a sign of respect. However, the stickers are an optional product sold by the state, not a right of individual expression. Charging for the stickers is not preventing anyone from freedom of religious expression, nor is it necessarily intruding on individual rights since the stickers are an optional addition.
           

A Forced Prison Haircut Brings Up Questions About Freedom Of Religion


Omar Grayson, a prisoner at Big Muddy Correctional Center, was forced to cut his dreadlocks by an officer at the Correctional Center.  Grayson is a member of the African Hebrew group.  African Hebrew Israelites believe they cannot cut their hair.  In Illinois, the location of the Correctional Center, inmates are allowed to have “’any length of hair’ as long as long as it ‘does not create a security risk’”.  The officer claimed Grayson’s hair to be a security risk, but he did not explain why.  Grayson complained about the situation; the chaplain of the center commented about the situation and “claimed that only Rastafarian inmates were entitled to wear dreadlocks on religious grounds”.  Grayson appealed his situation to the Internal Prison Court and was denied his appeal based on the chaplain’s comments. 
The case was heard by the United States Court of Appeals.  The ruling was in favor of Omar Grayson.  The court found that the prison was threatening religious freedom.  They believed the chaplain’s comment about Rastafarian inmates was discriminatory towards other inmates.  Big Muddy Correctional Center “lets Rastafarians wear dreadlocks and did not justify why Mr. Grayson posed a security risk the Rastafarians did not”.  In an effort to award Grayson and other inmates religious freedom, the court ruled in favor of Grayson. 
How did this ruling award religious freedom?  The case at its heart was an issue of discrimination among religions.  When the United States Court of Appeals ruled that Grayson’s forced haircut was religious discrimination, it forbid the forced cutting of hair unless it was a security threat.  An officer or anyone in power over the inmates cannot force an inmate to cut their hair if they claim religious belief for hair length.  They have no right to tell the religious inmate their views are wrong.  However, if the person in power over the inmate has a legitimate reason for the inmate to cut their hair because of security purposes, they must be able to explain why. 
Grayson’s case could have been denied if there was a compelling argument on the officer’s side about a security threat.  I think the chaplain’s comment hurt the case.  It makes me wonder how the case would have favored if the chaplain had not commented in this way. 
This case reminds me of the Reynoldscase.  The courts ruled in a similar fashion to the Omar Grayson case.  Polygamy and all religious practices were allowed and could not be deemed incorrect by the law.  Religion and its beliefs are/were not allowed to be dissected by the law and determined wrong.  However, law could be enforced and ultimately stop the practice if there was a threat of security.  Unlike the case, the court ruled in favor of Grayson and his religious beliefs because they were not a threat to security at the center.  The Mormons were not granted as much favor.  Due the prospective of threat on security because of polygamy, polygamy was banned and outlawed.    

Sunday, March 11, 2012

Sunday, March 11, 2012 - 0 Comments














Reporting by Philip Pullella; Editing by Robert Woodward)
 

       Before reading this article you may find yourself developing negative assumptions towards the Vatican because of the title "Vatican Makes Money Laundering List of U.S. State Department" written by Philip Pullella. Most times reporters create a catchy title in order to capture the reader's attention before actual grasp of the context of such articles. Before assuming let’s look at the text to gather  proper understanding.
         This article presents the issue of possible corruption in religious groups, especially those that hold very important roles in public life. What I am proposing is that the reader identify with the actions that the Vatican church officials take in this case in order to comply with international standards in prevention of this sort of corruption; aside from making blindsided assumptions and resent the Vatican.
       In this article there seems to be less of an issue but more of a presentation of the Vatican’s historical involvement in the affairs of the U.S State Department’s money-laundering list. Apparently the Vatican has found itself on the list in the category of ‘of concern’. Although it may not have been of high risk concern it does put a dent in social perception of the righteousness of religious institutions. What I am referring to is the role that religion plays in society in reference to what is good or bad behavior. According to Was America Founded as a Christian Nation and We Have a Religion, religion is influential on the definition of morality in societal acceptance of groups; the Vatican should hold no exception in displaying moral behavior.
   Generally, the Vatican has tried to cover up its bad blood from their past but it has also set up a new system for open communication of the transactions between the Vatican and the Vatican Bank to eliminate vulnerability to money launderers. The Vatican has made an effort to comply with the international standards against financial crimes.  As a human being and associated with such a successful money producing field it’s easy to assume that there is some dishonesty or possible corruption  within this institution but this report introduces what I find as positive assertion to this issue.
    What is unique about this article is that the reporter presents this issue that includes the Vatican and the legal issues behind being placed on the list of money-laundering of the U.S State Department. I find that the effort the Vatican takes with details surrounding what they did in the past and what they are doing now were greatly expressed in this article. It is unique because most people do use the title to steer their train of thought before reading all the text and this one seems to be tricky in relating its information.


       Religious Exemption in Michigan’s Anti- Bullying Bill

       On November 2nd  , 2011 a majority Republican controlled senate in Michigan passed an anti-bulling bill.  According to an article in Time magazine online (http://swampland.time.com/2011/11/04/why-does-michigans-anti-bullying-bill-protect-religious-tormenters), this bill did not require school districts to report bulling incidents, did not include provisions for enforcement or teacher training, and did not hold administrators accountable if they failed to act. The article states that “Michigan is already one of only three states in the country that have not enacted any form of anti-bullying legislation. For more than a decade, Democrats in the state legislature have fought their Republican colleagues and social conservatives such as Gary Glenn, president of the American Family Association of Michigan, who referred to anti-bullying measures as “a Trojan horse for the homosexual agenda.” In that time, at least ten Michigan students who were victims of bullying have killed themselves”.
The Democrats in the senate had asked for particular students that were prone to being bulled to be enumerated, such as racial and religious minorities, and gay students, however the Republican voted against this inclusion, in favor for the addition of “special” protections for religiously- motivated bulling, all 11 Democratic senators voted against the legislation, but they were outnumbered and the bill (http://www.legislature.mi.gov/documents/2011-2012/billengrossed/Senate/pdf/2011-SEBS-0137.pdf) was passed.
Democratic Leader Gretchen Whitmer accused her colleagues of creating a “blueprint for bullying”. “As passed today,” said Whitmer, “bullying kids is okay if a student, parent, teacher or school employee can come up with a moral or religious reason for doing it.”
The Republican argument was that the addition of this “special” protection for religion was done so as to not limit the first Amendment guarantees of religious freedom to express ones religious beliefs.

Ironically the bill is named “Matt’s Safe School Law”, after Matt Epling, a Michigan student that had committed suicide after prolonged bulling at school. After examining this bill, I am left wonder who exactly does it protect. I believe the bill just creates a legal loop hole for allowing students and even the school employees to get away with bulling. The social conservatives have previously unsuccessfully attempted for an inclusion of a provision that would protect religious freedom when congress expanded the definition motivated by a victim’s sexual orientation hate crime. (http://www.govtrack.us/congress/billtext.xpd?bill=h110-1592)
I believe the main constitutional issues  that should come into play in this situation should be the civil rights of the victims (the children being bullied).  Civil rights include the ensuring of peoples' physical integrity and safety; protection from discrimination on grounds such as physical or mental disability, gender, religion, race, national origin, age. Therefore should laws infringing on the civil rights of citizens get passed? The civil rights belonging to a person by reason of citizenship include the fundamental freedoms and privileges guaranteed by the 13th and 14th amendments, and subsequent acts of Congress including the right to legal and social and economic equality. The civil right of an individual is protected under the Equal protection Clause of the Fourteenth Amendment, which, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws."[
 I do not believe the “free exercise clause” of The First Amendment should be applicable when it causes harm or violates the civil liberties of others, especially children.

The main/ landmark cases from U.S. Supreme Court seem to be:
Brown v. Board of Education (1954), the Supreme Court decision which precipitated the dismantling of racial segregation in United States education.
 Reed v. Reed (1971), the Supreme Court ruled that laws arbitrarily requiring sex discrimination violated the Equal Protection Clause

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