This case appears to have just become outrageous. She can wear a scarf but not
"this" scarf? Or not for "this" reason? Or not if she's a Muslim? What rule,
or what interpretation, did she violate?
Quoting Christopher Lund <l...@mc.edu>:
> I was confused about this too. The 3rd Circuit opinion makes it sound as
> if Directive #78 was religion-neutral. But the district court opinion
> was a little more unclear. Judge Bartle made statements like,
> "Philadelphia Police Directive 78 bars the wearing of religious dress or
> symbols under all circumstances when a police officer is in uniform."
> That sounded to me like an explicit ban on religious attire.
>
> So I looked at the Directive 78 that Dave Sidhu sent. That does not
> single religious gear out specifically. It does have certain
> exceptions, such as for jewelry (wedding rings, class rings, id
> bracelets, small post earrings for women only). And relating to what
> Professor Finkleman said before, there's actually an allowance for
> "scarves" if they are "black or navy blue," and "captains and above may
> wear white scarves." Perhaps a khimar can fit in there.
>
> Best,
> Chris
>
> ______________________
> Christopher C. Lund
> Assistant Professor of Law
> Mississippi College School of Law
> 151 E. Griffith St.
> Jackson, MS 39201
> (601) 925-7141 (office)
> (601) 925-7113 (fax)
> Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=363402[1]
>
>
>>>> vol...@law.ucla.edu 4/8/2009 11:16 AM >>>
>
> Is the rule really against wearing religious attire? I couldn't
> quickly find Police Department Directive 78 -- the relevant rule --
> online, but as I understand it, it sets forth a specific uniform, and
> all deviations from the uniform are prohibited, whether they are
> religious or otherwise. I doubt, for instance, that the department
> would allow the wearing of political buttons, or ethnic symbols, or
> just
> the officer's favorite hat. Or am I missing something?
>
> Eugene
>
>> -----Original Message-----
>> From: religionlaw-boun...@lists.ucla.edu
>> [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of David Cruz
>> Sent: Wednesday, April 08, 2009 8:24 AM
>> To: Law & Religion issues for Law Academics
>> Subject: RE: Law.com - 3rd Circuit Rejects Muslim Cop's Bid
>> to Wear ReligiousScarf
>>
>> I don't understand why counsel would not have argued starting
>> with the complaint that a rule against wearing *religious*
>> symbols or attire was not a "neutral law of general
>> applicability" and thus should receive strict scrutiny under
>> the federal Free Exercise Clause.
>>
>> David B. Cruz
>> Professor of Law
>> University of Southern California Gould School of Law
>> 699 Exposition Blvd.
>> Los Angeles, CA 90089-0071
>> U.S.A.
>>
>> -----Original Message-----
>> From: religionlaw-boun...@lists.ucla.edu
>> [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Joel Sogol
>> Sent: Wednesday, April 08, 2009 2:05 AM
>> To: Religionlaw
>> Subject: Law.com - 3rd Circuit Rejects Muslim Cop's Bid to
>> Wear Religious Scarf
>>
>> A Muslim woman who works as a Philadelphia police officer has
>> lost her court battle to wear a religious head scarf on the
>> job now that the 3rd U.S.
>> Circuit Court of Appeals has ruled that forcing the
>> department to accommodate her would compromise the city's
>> interest in maintaining "religious neutrality" in its police force.
>>
>> http://www.law.com/jsp/article.jsp?id=1202429736190[2]
>> _______________________________________________
>> To post, send message to Religionlaw@lists.ucla.edu To
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>>
>> Please note that messages sent to this large list cannot be
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> _______________________________________________
> To post, send message to Religionlaw@lists.ucla.edu
> To subscribe, unsubscribe, change options, or get password, see
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>
> Please note that messages sent to this large list cannot be viewed as
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>
>
Douglas Laycock
Yale Kamisar Collegiate Professor of Law
University of Michigan Law School
625 S. State St.
Ann Arbor, MI 48109-1215
734-647-9713
Links:
------
[1] http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=363402
[2] http://www.law.com/jsp/article.jsp?id=1202429736190
[3] http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
[4] http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
_______________________________________________
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