Law.com - 3rd Circuit Rejects Muslim Cop's Bid to WearReligiousScarf

David Cruz dcruz at law.usc.edu
Wed Apr 8 10:21:26 PDT 2009


Upon slower reading of the Court's opinion, I think Eugene is right
here.  Question (or bafflement) withdrawn, and apologies for taking up
bandwidth.

David B. Cruz
Professor of Law
University of Southern California Gould School of Law
699 Exposition Blvd.
Los Angeles, CA 90089-0071
U.S.A.


-----Original Message-----
From: religionlaw-bounces+dcruz=law.usc.edu at lists.ucla.edu
[mailto:religionlaw-bounces+dcruz=law.usc.edu at lists.ucla.edu] On Behalf
Of Volokh, Eugene
Sent: Wednesday, April 08, 2009 9:16 AM
To: Law & Religion issues for Law Academics
Subject: RE: Law.com - 3rd Circuit Rejects Muslim Cop's Bid to
WearReligiousScarf

	Is the rule really against wearing religious attire?  I couldn't
quickly find Police Department Directive 78 -- the relevant rule --
online, but as I understand it, it sets forth a specific uniform, and
all deviations from the uniform are prohibited, whether they are
religious or otherwise.  I doubt, for instance, that the department
would allow the wearing of political buttons, or ethnic symbols, or just
the officer's favorite hat.  Or am I missing something?

	Eugene

> -----Original Message-----
> From: religionlaw-bounces at lists.ucla.edu 
> [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of David Cruz
> Sent: Wednesday, April 08, 2009 8:24 AM
> To: Law & Religion issues for Law Academics
> Subject: RE: Law.com - 3rd Circuit Rejects Muslim Cop's Bid 
> to Wear ReligiousScarf
> 
> I don't understand why counsel would not have argued starting 
> with the complaint that a rule against wearing *religious* 
> symbols or attire was not a "neutral law of general 
> applicability" and thus should receive strict scrutiny under 
> the federal Free Exercise Clause.
> 
> David B. Cruz
> Professor of Law
> University of Southern California Gould School of Law
> 699 Exposition Blvd.
> Los Angeles, CA 90089-0071
> U.S.A.
> 
> -----Original Message-----
> From: religionlaw-bounces at lists.ucla.edu
> [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Joel Sogol
> Sent: Wednesday, April 08, 2009 2:05 AM
> To: Religionlaw
> Subject: Law.com - 3rd Circuit Rejects Muslim Cop's Bid to 
> Wear Religious Scarf
> 
> A Muslim woman who works as a Philadelphia police officer has 
> lost her court battle to wear a religious head scarf on the 
> job now that the 3rd U.S.
> Circuit Court of Appeals has ruled that forcing the 
> department to accommodate her would compromise the city's 
> interest in maintaining "religious neutrality" in its police force.
> 
> http://www.law.com/jsp/article.jsp?id=1202429736190
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