Update (Sept 10)

Another thought occurs to me.  What level of brainwashing does it take to lecture the Islamic world for its “medieval” and “degrading” attitude toward women,  when the most popular book in the west today  is”Fifty Shades of Grey”). No individualists have said a word negative about this book, which describes how wonderful it is to be tied up and have steel balls pushed up your vagina by a controlling man who feeds you, dresses you, and employs you, while whipping you on your genitals and beating you until you cry.

Or, to take another case, what level of self-delusion does it take  to lecture extremely poor people in Asia, recovering from multiple centuries of enslavement and starvation, under a succession of empires, about physical dirt, while refusing to acknowledge a different kind of filth, which is perhaps more deadly. I am talking about the saturation of popular culture with perversions as disordered as cannibalism, sadism, coprophagia and necrophilia?

(Search the “Go Ask Alice” website at Columbia University, where these things are treated almost neutrally).

ORIGINAL POST

Martha Nussbaum brilliantly demolishes a series of justifications for banning the burqa, a costume not too different from the garb of nuns during the period of history that gave France some of its great cultural treasures.

I confess that I used to support a ban on burqas, from the point of view of security and civility, with the idea that it would enable natives to see Muslim immigrants as more human and akin to them.

But Nussbaum’s comprehensive essay has made me rethink that position.

Having grown up in a town in India where 30% of the population is Muslim and where most of the Muslims on the street wear Burqa all the time, in temperatures over 45 degrees celsius, I can tell you that the women I saw wearing them seemed quite happy with their choice.

Covering up the limbs and face preserves the skin from coarsening and burning, so it actually makes sense in very hot countries, especially for women.

No Florida “alligator” skin and rooster necks.  No discoloration spots and skin cancer.

It also makes sense to cover up in very crowded countries, where women are forced to rub up against strange men because of the crowds.

Covering up protects women against molestation. It carves out a sphere of dignity for a woman and protects her from violations of her personal space and modesty.

It prevents a women becoming a piece of meat on the market, which is often what happens in the West.

I felt noticeably more comfortable in the Muslim countries in which I’ve traveled alone, than anywhere in the West or in India.

The West can be terrifying for a single foreign women.  That has been my experience.  There is verbal intimidation, sexual assault, and vulgarity directed toward vulnerable women, especially divorced women, who are seen as fair targets for workplace slander and harassment.

In India, since the liberalization of the economy, the situation has also become difficult for women on the street. I know many foreign women, very good travelers, understanding of Indian culture,  who tell me they have been repeatedly pestered and molested since the l990s. American women have told me they’ve been assaulted in such porn-friendly cities as Buenos Aires.

[I should clarify: This may have less to do with porn as it has to do with the fact that they’re foreigners and blondes, at that. Blondes, I’ve observed, tend to have a harder time in Latin countries.  The woman who told me this said she’d been quite safe traveling alone in Thailand.]

Muslim countries I’ve visited were easily the most “women-friendly” for a single woman,

Nussbaum’s arguments about these matters, and many others, make a convincing case why the burqa ban is fundamentally anti-liberal and discriminatory.

First is the argument from security: it holds that security requires people to show their face when appearing in public places. A second, closely related, argument, which I shall treat together with it, says that the kind of transparency and reciprocity proper to relations between citizens is impeded by covering part of the face.

What is wrong with both of these arguments is that they are applied inconsistently. It gets very cold where I live in Chicago. Along the streets we walk, hats pulled down over ears and brows, scarves wound tightly around noses and mouths. No problem of either transparency or security is thought to exist, nor are we forbidden to enter public buildings so insulated.

Moreover, many beloved and trusted professionals cover their faces all year round: surgeons, dentists, skiers and skaters. The latter typically wear a full – face covering with slits only for the eyes, similar to a niqab. Some are even more covered than the typical burqa wearer. In general, then, what inspires fear and mistrust in Europe, and, to some extent, in the United States, is not covering per se, but Muslim covering.

So, what to do about the threat that all bulky and non-revealing clothing creates? Airline security does a lot, with metal detectors, body imaging, pat-downs, and so on (one very nice system is at work in India, where all passengers get a full manual pat-down, but in a curtained booth by a member of the same sex who is clearly trained to be courteous and respectful). Sport stadiums search all bags (though more to check for beer than for explosives, thus protecting the interests of in-stadium vendors). Retailers or other organizations who feel that bulky clothing is a threat (whether of shoplifting or terrorism or both) could institute a non-discriminatory rule banning; They could even have a body scanner at the door, but they don’t, presumably preferring customer friendliness to the extra margin of safety…….

…A third argument, very prominent today, is that the burqa is a symbol of male domination that symbolizes the objectification of women: it encourages people to think of and treat a woman as a mere object. A Catalonian legislator recently called the burqa a “degrading prison.” President Sarkozy said the same thing.

[Lila: Please note that certain libertarian outfits that would never speak out against the objectification of women in the dangerous practices of the global porn trade nonetheless come out with the same memes that neoconservatives used to justify the invasion of Iraq – the liberation of women – a meme thoroughly discredited and debunked by third-world and post-colonial critics and even by some more thoughtful liberal feminists like Nussbaum.

It hardly needs to be said that the people who make this argument typically don’t know much about Islam and would have a hard time saying what symbolizes what in that religion. But the more glaring flaw in the argument is that society is suffused with symbols of male supremacy that treat women as objects.

Sex magazines, pornography, nude photos, tight jeans, transparent or revealing clothing – all of these products, arguably, treat women as objects, as do so many aspects of our media culture. Women are encouraged to market themselves for male objectification in this way, and it has long been observed that this is a way of robbing women of both agency and individuality, reducing them to objects or commodities.

And what about the “degrading prison” of plastic surgery? Every time I undress in the locker room of my gym, I see women bearing the scars of liposuction, tummy tucks, breast implants. Isn’t much of this done in order to conform to a male norm of female beauty that casts women as sex objects?

……Respect is for the person, and is fully compatible with intensely disliking many things that many people do. So in a society dedicated to equal liberty people remain perfectly free to think and to say that the burqa is an objectionable garment because of the way in which it symbolizes the objectification of women…….

Myself, I think that a burqa is not a symbol of hatred, and thus not something that it would be reasonable to find deeply hateful. It is more like the boys and their tzizit, something I may feel out of tune with, but which it is probably nosy to denounce unless a friend has asked my opinion. Still, if someone else wants to say that it is deeply objectionable, and that she does not respect it, that does not in any way disagree with the principles I am defending here.

What respect for persons requires is that people have equal space to exercise their conscientious commitments, not that others like or even respect what they do in that space. Furthermore, equal respect for persons is compatible with limiting religious freedom in the case of a “compelling state interest………Which brings me to my next point.

Argument 4: Coercion

A fourth argument holds that women wear the burqa only because they are coerced. This is a rather implausible argument to make across the board, and it is typically made by people who have no idea what the circumstances of this or that individual woman are.

We should reply that of course all forms of violence and physical coercion in the home are illegal already, and laws against domestic violence and abuse should be enforced much more zealously than they are. Do the arguers really believe that domestic violence is a peculiarly Muslim problem? If they do, they are dead wrong.

According to the United States Bureau of Justice Statistics, intimate partner violence made up 20% of all nonfatal violent crime experienced by women in 2001. The National Violence Against Women Survey reports that 52% of surveyed women said they were physically assaulted as a child by an adult caretaker and/or as an adult by any type of perpetrator.

There is no evidence that Muslim families have a disproportionate amount of such violence. Indeed, given the strong association between domestic violence and the abuse of alcohol, it seems at least plausible that observant Muslim families will turn out to have less of it…….

College fraternities are very strongly associated with violence against women, and some universities have made all or some fraternities move off campus as a result. But private institutions are entitled to make such regulations about what can occur on their premises; public universities are entitled to limit the types of activities that will get public money, particularly when they involve illegality (underage drinking). But a total governmental ban on the male drinking club (or on other places where men get drunk, such as soccer matches) would certainly be a bizarre restriction of associational liberty.

One thing that we have long known to be strongly associated with coercion and violence against women is alcohol. The Amendment to the United States Constitution banning alcohol was motivated by exactly this concern. It was on dubious footing in terms of liberty: why should law-abiding people suffer for the crimes of abusers? But what was more obvious was that Prohibition was a total disaster politically and practically. It increased crime and it did not stop violence against women……..

So, where should government and law step in? Certainly it should step in where physical and/or sexual abuse is going on, which is very often. Where religious mandates are concerned, intervention would be justified, similarly, where the behaviour either constitutes a gross risk to bodily health and safety (as with Jehovah’s Witness children being forbidden to have a life-saving blood transfusion), or impairs some major functioning.

Thus, I think that female genital mutilation practiced on minors should be illegal if it is a form that impairs sexual pleasure or other bodily functions. Male circumcision seems to me all right, however, because there is no evidence that it interferes with adult sexual functioning; indeed it is now known to reduce susceptibility to HIV/AIDS.

[Lila: Here, I think Nussbaum is mistaken. There is plenty of evidence that removal of the foreskin does affect male pleasure.  And there may be many other side-effects that haven’t been fully studied yet.]

….The burqa (for minors) is not in the same class as genital mutilation, since it is not irreversible and does not engender health or impair other bodily functions – not nearly so much as high-heeled shoes. If it is imposed by physical or sexual violence, that violence ought to be legally punished.

[Lila: Brilliant. There are far more crippling and unhygienic forms of clothing popular in the West, from thongs (which are gross and unhygienic!) to nylon stockings (itchy, and they constrict the blood vessels), crotchless panties (unhygienic and infectious), flimsy bras (lead to sagging breasts), baggy pants (can trip you up); tight skirts (prevent normal movements), low-cut blouses (ruin delicate breast and neck skin), deodorant (stops perspiration and lets toxicity build up in the body), shampoo (makes your hair thin and go grey prematurely).]

…. If people think that women only wear the burqa because of coercive pressure, let them create ample opportunities for them, and then see what they actually do.………

Argument 5: Health Risk

Finally, one frequently hears the argument that the burqa is per se unhealthy, because it is hot and uncomfortable. I have heard this argument often in Europe, particularly in Spain. This is perhaps the silliest of the arguments.

Clothing that covers the body can be comfortable or uncomfortable, depending on the fabric. In India I typically wear a full salwaar kameez of cotton, because it is superbly comfortable, and full covering keeps dust off one’s limbs and at least diminishes the risk of skin cancer. It is surely far from clear that the amount of skin displayed in typical Spanish female dress would meet with a dermatologist’s approval.

But more pointedly, would the arguer really seek to ban all uncomfortable and possibly unhealthy female clothing? Wouldn’t we have to begin with high heels, delicious as they are? But no, high heels are associated with majority norms (and are a major Spanish export), so they draw no ire.t harmful chemicals, and that other gross health risks are avoided. But on the whole women in particular area allowed and even encouraged to wear clothing that could plausibly be argued to create health risks, whether through tendon shortening or through exposure to the sun….

….The burqa is not even in the category of the corset. As many readers pointed out, it is sensible dress in a hot climate where skin easily becomes worn by sun and dust. What does seem to pose a risk to health is wearing synthetic fabrics in a hot climate, but nobody is talking about that.

The Burqa and the Limits of Laicite

All five arguments are discriminatory. We don’t even need to reach the delicate issue of religiously grounded accommodation to see that they are utterly unacceptable in a society committed to equal liberty. Equal respect for conscience requires us to reject them.

Let us now consider more closely the special case of France. Unlike other European nations, France is consistent – up to a point. Given its history of anticlericalism and the strong commitment to laicite, religion is not to set its mark upon the public realm, and the public realm is permitted to disfavour religion by contrast to non-religion. This commitment leads to restrictions on a wide range of religious manifestations, all in the name of a total separation of church and state. But if one looks closely, the restrictions are unequal and discriminatory. The school dress code forbids the Muslim headscarf and the Jewish yarmulke, along with “large” Christian crosses.

But this is a totally unequal burden, because the first two items of clothing are religiously obligatory for observant members of those religions, and the third is not: Christians are under no religious obligation to wear any cross, much less a “large” one. So there is discrimination inherent in the French system…….

Let’s now consider the language of the law banning the burqa. It prohibits “wearing attire designed to hide the face” (porter une tenue detinee a dissimuler son visage) – and then there is a long list of exceptions:

“The prohibition described in Article 1 does not apply if the attire is prescribed or authorized by legislative or regulatory dispensation, if it is justified for reasons of health or professional motives, or if it is adopted in the context of athletic practices, festivals, or artistic or traditional performances.”…….

Does the application of the ban to all religions mean that the ban, unlike the school dress code, is truly neutral? Well of course, although the word burqa does not occur in the legislation, we understand perfectly well that this is what it is all about. And the fact that they are so generous with other cultural and professional exemptions shows that they are not terribly worried about the practice as such – only when it is a religious manifestation. But still, isn’t that a consistent and, up to a point, neutral application of the polity of laicite?

The difficulty we have here is that no other religion has a custom of precisely that sort. So what the law has done is to single out something that is of central importance to one religion and to apply a very heavy burden to it, without similarly burdening the central and cherished practices of other religions. Indeed, it seems clear that one would not be fined for making the sign of the cross over oneself in a public place, for singing a religious hymn as one walked down the street, or for wearing any type of religious apparel other than the burqa: cassocks, nuns’ habits, Hasidic dress, the saffron garb of the Hindu priest – all of these remain unburdened. So it is neutral in one sense, but not at all neutral in another.

At this point, defenders of the ban will typically allude to one of the other arguments, saying that the burqa, unlike these other forms of clothing, is a security risk, an impediment to normal relations among citizens, and so on. But the fact that the government does not credit these rationales is clear from the fact that they permit so many exceptions to the ban. Even a public masquerade, at which hundreds of people cover their faces, received explicit defence in the statute.

So it’s clear that the government does not think that security provides a compelling interest in favour of the restriction: it’s trumped routinely by very weak and even frivolous interests.

So I conclude that the French ban is not truly neutral, any more than the school dress code. Besides the obvious objection that French secularism does not allow sufficiently ample freedom for religious observance, we may add the objection of bias.

***

Philosophical principles shape constitutional traditions and the shape of political cultures. I have tried to articulate some important principles behind traditions of religious liberty and equality in both the United States and Europe.

Today, a climate of fear and suspicion, directed primarily against Muslims, threatens to derail these admirable commitments. But if we articulate them clearly and see the reasons for them, this may help us oppose these ominous developments.

Excerpted from The New Religious Intolerance: Overcoming the Politics of Fear in an Anxious Age by Martha C. Nussbaum, Cambridge, Mass.: The Belknap Press of Harvard University Press, Copyright 2012 by Martha C. Nussbaum. Used by permission of the publisher. All rights reserved.

Martha Nussbaum is the Ernst Freund Distinguished Service Professor of Law and Ethics in the Philosophy Department, Law School and Divinity School at the University of Chicago. You can listen to her in conversation with Andrew West on Radio National’s Religion and Ethics Report.”