Hirschfield and Kula - Brad Blog August 7, 2007

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Brad Blog August 7, 2007

Tuesday, 07 August 2007

Making Space for Ourselves and Each Other
By Brad Hirschfield

As new litigation sweeps across the nation, the challenge of finding the proper balance between respect for Muslim students’ religious needs with maintaining the appropriate separation of church and state is likely to grow. Sadly, leading advocates on both sides of this issue refuse to see how they contribute to the situation, and the public is left to choose between two polarized camps instead of addressing a new religious reality in a more productive way.

The issue is bigger than foot washing basins in Michigan, prayer rooms in Virginia, or extra recess time in San Diego. And if we don’t get that, we are going to see an endless stream of cases that will drive us apart, regardless of the outcomes. What makes this debate difficult is that many of those who support the sought after religious accommodations would prefer if all people were Muslim and many of those who oppose them resist any public display of religion, often Islam in particular.

Frankly, I’m appalled that special recess time is created in a public school so that Muslim kids can pray, not because it’s a bad idea, but because of how hard such schools have been on Christian students who have been denied the same accommodation. Equally disturbing are those who oppose granting university space in which Muslim students can pray because they are offended by the separation of the sexes, which many Muslims require for the conduct of public worship. No such objections were raised when the same institutions made space available to Orthodox Jews who require a similar separation during their public prayers.

The debate about how to properly include a new religious voice in the American public square is being driven by three groups, none of whom are likely to address these issues very well. First, we have those who are so concerned with the needs of minority groups that they have lost any capacity to say no. They are afraid that refusing any request from the Muslim community makes them appear Islamaphobic, and while their concern may be well intentioned, given the hatred towards Muslims which does exist in some segments of our society, their response is misguided. Some requests do cross the line from accommodation to endorsing one group’s interests at others’ expense.

Then there are those groups that oppose any accommodation for the religious needs of Muslims because they are hostile to all acts which ease the public expression of faith. How else do we understand the ACLU’s confusion between a crucifix and a footbath? The organization’s track record of opposition to virtually any religious symbol in public space is well documented. Any stance against a basin for foot washing represents a continuation of such hostility. As to those who are particularly hostile to Islam, their suggestion that any Muslim who prays five times a day and requires such a washing faucet, is by definition a militant seeking Islamic domination one school at a time is outrageous. As one who wears a skullcap like that worn by many in the religious Zionist community, should I be presumed to be a right wing zealot?

Finally, there are the Muslim student associations and advocacy groups that are seeking new levels of public accommodation for their particular religious needs. Are they really committed to the equal dignity of all faiths including no faith at all? Have they adequately addressed their rejection of shared chapel space in favor of "Muslim only" prayer rooms on university campuses? Do their leaders not see the difference between an exemption from a program because it occurs on Saturday or Sunday, with demanding the creation of new schedules and facilities to accommodate the needs of Muslim students?

The bottom line is clear. Minorities must consider the impact on the rest of us for the accommodations they seek, and the majority culture should look to protect the interests of those in the minority. Tocqueville was right when he warned us about the tyranny of the majority and we must not allow that tyranny, driven by fear, to outweigh our commitment to the very pluralism and inclusivity which we demand from those properly seeking their full place in our country and in our culture.

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