Hobbes, I take it from your responseâthe rules are the rulesâthat you assume the state (or school board) is an objective arbiter? I donât believe that to be the case.
You suggest that we imagine a rule against going to school topless, or wearing mini-skirts. Ok. But if we imagine a rule against wearing anything on your head? So long as it is applied equally, is there no reasonable argument to be made against compliance? For most of the population in North America, that means leaving the baseball cap at home. No big deal. But for Sikhs, or Jews, thatâs a significant problem. The French state argued that just such a law wasnât specifically targeting a particular religious group, but young Muslim women certainly felt otherwise. (Comparative degrees of recent success integrating minority groups recommends the Canadian approach.)
Thatâs not to say I donât see a reason to just say no when necessary. Back home, some public swimming pools have instituted dress codes mandidating proper swim wear to protect lifeguards and other swimmers from the dangers posed by excessively modest bathers. Thatâs right. Seems that some recent immigrants were going swimming modestly clad in flowing robes, which get tangled in their arms, grow heavy, and pose a significant and unavoidable hazard to the person wearing them and anyone who happens to be near by or attempting to rescue the modest bather.
I agree with the ban on excessive modesty and disagree with the ban on the kirpan for two simple reasons. Modesty of dress may be a religious tennet, but tends to be cultural, and cultural considerations deserve fewer accomodations. More importantly, thereâs the probability of harm consideration. Wearing too much in the pool canât be anything but dangerous. Wearing a small dagger, wrapped in heavy cloth, placed inside a wooden box next to the skin, under oneâs clothes isnât necessarily a threat. (Still, kids + knives = ). Not ideal, but not necessarily a threat. I think thatâs what the lower court recognized. The appeal court took what seems to be everyone elseâs opinion here:
[quote] In 2004, the Quebec Court of Appeal struck down the decision, [color=blue]ruling the kirpan had the makings of a weapon and was dangerous.
Although banning the weapon was a hindrance to freedom of religion, the court ruled that community safety comes first[/color].[/quote]
I disagree because a more nuanced ruling is possible and needful. I think thatâs what the Supreme Court is getting at:
[quote]In its 8-0 judgment, the Supreme Court of Canada ruled on Thursday that [color=blue]a total ban infringed on Gurbaj Singhâs guarantees of religious freedom under the Charter of Rights.[/color]
The court threw out arguments from lawyers for the Quebec school board that originally implemented the ban, saying there is no suggestion the kirpan is a weapon of violence or that Gurbaj intended to use it as one.
[/quote]
I think that the court also recognized that the school board, or state, isnât automatically an objective arbiter:
If safety is a concern, that can be addressed through legislating a maximal blade length, or through the use of a sheath from which the blade cannot be withdrawn. Whatâs the point of implementing a total ban? Religious tennets should, if possible, be respected. In this case, it seems far from difficult to accomodate both religion and community safety.