As you’ve surely heard, Ilhan Omar was elected to the House of Representatives this year. She’ll be representing a district in Minnesota, and is one of the first two Muslim-American women to be elected to Congress. She’s also the first hijabi elected to Congress (the other woman, Rashida Tlaib, isn’t a hijabi). Omar always wears a fancy, high-rise hijab:
And she’s vowed that she won’t take it off, even though there’s been a ban on head coverings in the House since 1837. Here’s a recent tweet from her:
No one puts a scarf on my head but me. It’s my choice—one protected by the first amendment.
And this is not the last ban I’m going to work to lift. https://t.co/7U3ZLTaWur
— Ilhan Omar (@IlhanMN) November 17, 2018
Note that she invokes the First Amendment—presumably freedom of religion—to justify wearing her hijab. And now, according to NBC News and many other sources, House Democrats are proposing a rule change that will allow headscarves and other forms of religious headgear in Congress, a rule specifically designed for Omar but that will also allow yarmulkes and other forms of religious head covering. Likely future Speaker Nancy Pelosi is also on board with it:
Democrats say they will add an exemption for religious headwear under their new package of rules changes for the next Congress, which begins in January, so that the protection of religious expression is explicit. The language will also cover someone wearing a head covering due to illness and loss of hair.
“Democrats know that our strength lies in our diversity, regardless of race, gender, sexual orientation or religion,” said House Minority Leader Nancy Pelosi, D-Calif., in a statement to NBC News. “After voters elected the most diverse Congress in history, clarifying the antiquated rule banning headwear will further show the remarkable progress we have made as a nation.”
“This change will finally codify that no restriction may be placed on a member’s ability to do the job they were elected to do simply because of their faith,” said incoming House Rules Committee Chairman Jim McGovern, D-Mass., who is working on the amendment with Omar and Pelosi. “The American people just elected the most diverse Congress in history and our rules should embody that.”
When I first heard about this, I wasn’t disturbed, as I thought they were simply deep-sixing a general rule against head coverings. While some members of Congress have been religious (Senator Joe Lieberman, an observant Jew, often wore a yarmulke outside Congress but not in the chambers), nobody has ever sought an exemption. But that’s not the way it is: the kinds of head coverings that are allowed are specifically religious ones (as well as head coverings for head injuries or other medical issues—presumably bandages or wigs for those who have lost their hair via chemotherapy).
As I said, this doesn’t seem to be a hill one wants to die on, but not everybody feels that way. As a friend of mine wrote me:
I find that Congress would change the rules (or that Democrats are proposing such a thing) outrageous and dangerous. More special rights for Muslims, of course….
Well, everybody gets Omar’s rights for religious headgear, so yarmulkes are okay too. One could argue, though, that Muslims feel especially entitled compared to other religionists, and will simply refuse to shed their religious practices when they conflict with secular custom—or rules in this place.
What made me rethink my indifference was this report, which notes:
The head-covering rule has vexed some lawmakers, notably Congresswoman Frederica Wilson, who is known for her colorful hats and has pushed to get the ban lifted.
Under the proposed changes, Wilson would still be barred from wearing hats on the House floor.
And that means that this rule is for specifically religious garb, not any other form of head covering (I wonder if a colander would qualify, since it’s headgear of the Church of the Flying Spaghetti Monster). Hats were worn in Congress before the rule was enacted, and I can see that some people, like Wilson, would want to wear them for decorative or non-religious reasons.
It’s clear, then, that this rule privileges those who wear religious headcoverings (or medically-mandated ones) and not secular headcoverings. And that seems a violation of the First Amendment—something that shouldn’t be happening in our nation’s legislative bodies.
Now the rule change is almost certainly a fait accompli, for Congress wouldn’t want to look Islamophobic, hijabs are now the equivalent of haloes for the Authoritarian Left, denoting some kind of admirable victimhood, and there is already a religious invocation that opens each session of Congress (Dan Barker and the Freedom from Religion Foundation are fighting it). And it worries me that Omar is threatening, in her tweet above, to fight for lifting other bans, which seems to me to invoke more privileging of religion—in her case Islam—over secular values. I add in passing that Omar has changed her position on BDS, now supporting it after her election (she wasn’t in favor of it before she was elected), and has emitted some pretty nasty tweets against Israel (see here), as well as calling it “an apartheid regime.” (Tlaib also supports BDS).
But never mind the Israel-hating. This new rule is part of religion’s general tendency to try to override secular laws in favor of religious laws or customs. Islam is only the most visible of these attempts, but we know how Christians are also asking for exemptions. I’m now on the fence against this new regulation, and so am taking a poll and soliciting readers’ views in the comments below. Please vote:
h/t: cesar







