by Eric Dondero

The French have faced some fundamental societal questions in recent years, with the influx of Muslim immigrants from Northern Africa and the Middle East. One particularly sensitive issue has been clothing and whether such an open society should allow women to wear the full-length burqa, or hijab in public. Of course, the natural libertarian stance would be absolument!Individuals should be free to do as they please, so long as they are not hurting others or infringing upon their rights.

But now a couple of developments have occured that calls into question, whether in fact, wearing Muslim clothing may indeed infringe on the rights of others.

Muslim Woman refuses to take off veil for Drivers License

A few years ago, the issue came up here in the US. A Muslim woman in south Florida sued the state, claiming that she should have the right to obtain a driver's license without having to show her face in the driver license photo. She argued, taking off her veil, even for a driver's license would be a violation of her religious views.

Even libertarians agreed that in such an instance, societal's rights over-ride the rights of the individual. It seemed fully reasonable, that the woman in this instance should be required to show her face. Obviously, she could commit any crime, or get into a car accident, without police officials being able to identify her as the culprit.

Now two recent cases from France, of all places, have raised the same sort of questions; where do the individual's right to wear whatever he or she pleases end, and where do society's rights to be free from threats and coercion begin.

Burqa Bandits on the increase throughout Europe

From the LA Times, Feb. 8:

Reporting from Beirut — A Moroccan immigrant has been denied French citizenship after admitting that he forced his wife to wear a burka, French officials announced this week.

The decision, heralded by officials of President Nicolas Sarkozy's government, was the latest round in a public debate over the Muslim garment for women and French national identity.

And then there's this also out of France. From the UK Telegraph Feb. 8:

Employees let the pair through the security double doors of the banking branch of a post office, believing them to be Muslim women. But once inside, the men flipped back their head coverings and pulled out a gun, officials said.

They seized 4,500 euros (£4,000) in cash, according to staff at the branch in Athis Mons, just south of Paris, and made their getaway.

The raid comes as France is looking into ways of restricting - or banning - the use of the head-to-toe Islamic veil on the grounds it is incompatible with the values of the republic.

Last month a parliamentary report called for a ban in schools, hospitals, government offices and on public transport.

Jean-François Copé, the leader of President Nicolas Sarkozy's Right-wing UMP party in parliament, wants to go further, and has presented a bill to make it illegal for anyone to cover their faces in public on security grounds.

The unusual bank heist, carried out on Saturday, will provide ammunition to supporters of a blanket ban due to security concerns.

Security concerns on public property

Also from the LA Times, Jan. 27, "In France, panel recommends Burqa Ban in public":

The full-body garments are a security issue in places like banks and subways where people need to be identifiable, the parliamentary committee says.

Muslim women should not be allowed to wear burkas in public institutions, including banks, post offices, schools and even on public transportation, a report by a parliamentary committee said Tuesday.

Yet the report on how to stop Muslims from wearing the full-body garment in France fell short of gathering a consensus on key questions such as whether to completely ban the burka from French streets.

Nevertheless, lawmakers could be closer to drafting a bill barring the burka in selected places to assist public servants in dealing with veiled Muslims in hospitals and schools, the report said.

The report recommends denying services to anyone in a full-body veil, but it does not advocate other punishment.

A limited ban on burkas could be legally justified, said public law expert Denys de Bechillon at France's Pau University, because it would address "a problem of security . . . in places where we need to identify people."

Of course, President Sarkozy has been on the forefront of the debate, saying forcefully, the burqa conflicts with French values. Continuing:

President Nicolas Sarkozy said in June that the burka was "not welcome" in France, fueling a media frenzy.

Easy answer on Private Property; Less clear cut on Public grounds

Much of this can be handled through private property rights. Individuals should be able to wear what they please on private property. If a bank wants to ban women wearing burqas from enterting their establishments, they should have every right to do so. If the French people (or for that matter the Israelis), wish to ban burqa-wearing women or men forcing women to wear burqas from becoming citizens, that's their right. They're the owners of their respective countries. It's their property, and they have every right to decide who should be allowed to stay on that property.

Cultural libertarians like Sarkozy, and myself included, are utterly repulsed by the Burqa, Hijab, and other Muslim clothing. But, there is zero libertarian justification for banning such attire on public property, just because one finds it offensive. Libertarians are fully on the side of personal freedom here. The current rap/hip hop wearing pants off the hips comes to mind.

However, when clothing restricts with the rights of other individuals in society or puts them in danger on public property, for example, checkpoints, border crossings, driving on public roadways, than such a ban can be entirely justified.

Photos above - right, "British Burka Bandit" who has robbed at least 3 banks in the London area. Left, Israeli Defense Forces lead away a Burka wearing Palestinian who stabbed a customs officer at a checkpoint.