Contrasting Commentary: Barbara Kay vs Clifford Orwin and Marnie Soupcoff on the Niqab and Citizenship Ceremonies

Barbara Kay supporting the Government:

But Ms Bakht’s specious parallel has the virtue that it can be turned against its perpetrator. If a woman were to turn up at her citizenship swearing-in ceremony in a bikini, would she be allowed to? I think not. And rightly so. Bikinis on a beach are one thing – in a solemn ceremony quite another. Indecency swings both ways. Face cover is also indecent in certain situations, such as the swearing-in of a woman to citizenship in a democratic country based on, amongst other principles, gender equality. (I consider the niqab indecent in all getting and giving of government services. If the federal government would pass a law requiring the face be uncovered in these areas, as Quebec soon will, Canadians would approve en masse.)

Perhaps Ms Ishaq might give some thought to the reality that thousands upon thousands of Pakistani people wish to become citizens of Canada, but one does not see Canadians flocking to Pakistan to live. There are reasons for that. One of those reasons is that women here are equal to men, and nobody can tell a woman here that she must cover her face. One might think that Ms Ishaq would wish to honour that right, on behalf of her sisters who are forced to wear the niqab, by taking hers off for the five minutes it will take to accept the gift of great value our government wishes to confer on her.

Barbara Kay: Zunera Ishaq does a disservice to women forced to wear the veil

Marnie Soupcoff opposing:

Is the government’s quarrel with the niqab is that it represents a patriarchal practice it believes diminishes women’s autonomy and, ultimately, safety?

That seems to be what Citizenship and Immigration Minister Chris Alexander was getting at when he said while commenting on the case, “We also are a government, and I think a people, that is concerned about protecting women from violence, protecting women from human smuggling, protecting women from barbaric practices like polygamy, genital mutilation, honour killings.”

Quite apart from the dramatic leap from a legal piece of clothing to the commission of major crimes, which seems to lack some clear thinking on causation vs. correlation, Mr. Alexander is treading on dangerous ground, at least if he plans to be consistent and even-handed.

The ultra-Orthodox Jewish tradition has married women wear wigs or otherwise cover their hair in public, and all women wear long sleeves and skirts below the knees, to maintain their modesty and de-emphasize their sexual attractiveness to anyone but their husbands.

The rules about women’s dress are but one expression of the tradition’s emphasis on female purity and deference, which also includes a wife’s duty to always accept her husband’s sexual advances on his terms.

In Israel, concerns about sexual abuse in the ultra-Orthodox community are significant, and rabbis are accused of participating in cover-ups.

So shouldn’t Mr. Alexander and Mr. Harper also be addressing the offensiveness of the wigs and long skirts being worn by Orthodox women taking their citizenship oaths? And if they’re not, does that mean they’re endorsing the antiquated sexist idea that a woman who shows a stranger man her elbows is engaging in brazen sexual temptation?

Of course the answer is no. No, they shouldn’t, and no, it doesn’t.

Concerns about what cultural, religious and social signals are being sent by an individual’s choice in clothing should have no place in lawmakers’ minds, or at least not in their actions.

The very beauty of Canadian citizenship is that it comes with the freedom to choose your own way and your own life. Does the majority of society have to agree with your choice, whether it be to don a nun’s habit or a Wiccan pentagram necklace?

The obvious answer again is no, so long as you aren’t infringing on anyone else’s freedom with your decision. And apologies to Mr. Harper and Mr. Alexander, but their freedom not to be offended doesn’t count.

Marni Soupcoff: Tories vs. religious freedom

Along with a former prof of mine, Clifford Orwin:

You may ask whether Islam truly requires that a woman wear the niqab. This is none of a liberal state’s business; it is for Muslims to decide for themselves. But they won’t agree, and even if most did, liberal democracy rejects the imposition of religious authority. So this is nobody’s call but Ms. Ishaq’s. Like every citizen, she must be free to practise her religion not as we see fit, but as she does. This isn’t a question of “accommodation” or “diversity” or any such currently fashionable lingo: It’s a requirement of religious freedom, one of the first and most basic of liberal democratic principles.

The worst thing about Mr. Harper’s position is its implication that Ms. Ishaq can’t be a good Canadian unless she discards a practice she regards as incumbent on her as a Muslim and which is entirely harmless to others. I’m not about to claim that the biggest problem facing Canadian society is Islamophobia. (In fact, it has shown itself remarkably free of such attitudes.) The threat of Islamist terror poses a much bigger problem to Canada, as to other liberal democracies. But aggravating the lesser problem in no way helps to solve this greater problem. We shouldn’t hand devout Muslims legitimate (and wholly gratuitous) grievances. Nor (it should go without saying) should we practise demagoguery at their expense.

 Stephen Harper’s veiled attack on religious freedom 

Unknown's avatarAbout Andrew
Andrew blogs and tweets public policy issues, particularly the relationship between the political and bureaucratic levels, citizenship and multiculturalism. His latest book, Policy Arrogance or Innocent Bias, recounts his experience as a senior public servant in this area.

2 Responses to Contrasting Commentary: Barbara Kay vs Clifford Orwin and Marnie Soupcoff on the Niqab and Citizenship Ceremonies

  1. Deborah Maes's avatar Deborah Maes says:

    Here’s a question I never hear addressed: what is special about religion or religiosity that it is seen as deserving of special accommodation? Why not have accommodation made for stylistic inclinations, or unexplainable preferences? If I decide to attend my citizenship ceremony wearing a hockey mask or a Ronald McDonald costume, who are the liberal democrats to tell me I can’t? Why does my explanation have to include an adherence to a certain faith? Why can’t it be a purely irrational preference (which is how the Christopher Hitchenses of this world view religion anyhow).

    • Andrew's avatar Andrew says:

      Mainly that freedom of religion is considered – and rightly so – one of the fundamental freedoms in all human rights instruments. And previous jurisprudence has, I think correctly, recognized that it is the sincerity of the belief that must be accepted, not whether the theology is correct or not. And of course the right has to be balanced against the other fundamental freedoms.

      And why not the irrational? Valid question. But I think it boils down to whether a preference should be granted the same weight as a belief that is deeply felt and is considered, by the person concerned, as intrinsic to his or her identity.

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