Let’s be perfectly frank. These bans are outrages against religious freedom and freedom of expression. They stigmatize Muslims. No modern state should be in the business of dictating what women should wear. The security arguments are spurious; there are a million ways to hide a bomb, and one hardly need wear a burqa to do so. It is not necessarily the case that the burqa is imposed upon women against their will; when it is the case, there are already laws on the books against physical coercion.
The argument that the garment is not a religious obligation under Islam is well-founded but irrelevant; millions of Muslims the world around believe that it is, and the state is not qualified to be in the business of Koranic exegesis. The choice to cover one’s face is for many women a genuine expression of the most private kind of religious sentiment. To prevent them from doing so is discriminatory, persecutory, and incompatible with the Enlightenment traditions of the West. It is, moreover, cruel to demand of a woman that she reveal parts of her body that her sense of modesty compels her to cover; to such a woman, the demand is as tyrannical, humiliating, and arbitrary as the passage of a law dictating that women bare their breasts.
All true. And yet the burqa must be banned. All forms of veiling must be, if not banned, strongly discouraged and stigmatized. The arguments against a ban are coherent and principled. They are also shallow and insufficient. They fail to take something crucial into account, and that thing is this: If Europe does not stand up now against veiling — and the conception of women and their place in society that it represents — within a generation there will be many cities in Europe where no unveiled woman will walk comfortably or safely.
Recently, on a New York Times blog, the philosopher Martha Nussbaum not only argued against the ban, but proposed that those who wear the burqa be protected from “subtle forms of discrimination.” It was a perfect example of a philosopher at the peak of her powers operating in a cultural and historical vacuum. “My judgment about Turkey in the past,” Nussbaum writes, "was that the ban on veiling was justified, in those days, by a compelling state interest — derived from the belief that women were at risk of physical violence if they went unveiled, unless the government intervened to make the veil illegal for all. Today in Europe the situation is utterly different, and no physical violence will greet the woman who wears even scanty clothing."
Nussbaum is absolutely wrong. There are already many neighborhoods in Europe where scantily dressed women are not safe. . . .
According to French-government statistics, rapes in the housing projects have risen between 15 and 20 percent every year since 1999. In these neighborhoods, women have indeed begun veiling only to escape harassment and violence. In the suburb of La Courneuve, 77 percent of veiled women report that they wear the veil to avoid the wrath of Islamic morality patrols. We are talking about France, not Iran.
The association of Islam and crime against women is seen throughout Europe: “The police in the Norwegian capital Oslo revealed that 2009 set yet another record: compared to 2008, there were twice as many cases of assault rapes,” the conservative Brussels Journal noted earlier this year. “In each and every case, not only in 2008 and 2009 but also in 2007, the offender was a non-Western immigrant.” These statistics are rarely discussed; they are too evocative of ancient racist tropes for anyone’s comfort. But they are facts. . . .
While it is true that some women adopt the veil voluntarily, it is also true that most veiling is forced. It is nearly impossible for the state to ascertain who is veiled by choice and who has been coerced. A woman who has been forced to veil is hardly likely to volunteer this information to authorities. Our responsibility to protect these women from coercion is greater than our responsibility to protect the freedom of those who choose to veil. Why? Because this is our culture, and in our culture, we do not veil. We do not veil because we do not believe that God demands this of women or even desires it; nor do we believe that unveiled women are whores, nor do we believe they deserve social censure, harassment, or rape. Our culture’s position on these questions is morally superior. We have every right, indeed an obligation, to ensure that our more enlightened conception of women and their proper role in society prevails in any cultural conflict, particularly one on Western soil. . . .
Banning the burqa is without doubt a terrible assault on the ideal of religious liberty. It is the sign of a desperate society. No one wishes for things to have come so far that it is necessary.
But they have, and it is.
Monday, October 25, 2010
Claire Berlinski argues that Western societies should ban the burqa: