Are Muslims the New Catholics? Europe's Headscarf Laws in Comparative Historical Perspective
Robert A. Kahn
University of St. Thomas School of Law (Minnesota)
September 2, 2008
Duke Journal of Comparative & International Law, Forthcoming
U of St. Thomas Legal Studies Research Paper No. 08-26
European opponents of the headscarf often view themselves as engaged in a "struggle against totalitarianism." This paper explores an alternative framing: What if Muslims - rather than Nazis or Communists in training - are the more like nineteenth century Catholics, who were seen as a religious threat to European (and US) liberalism? To explore this idea, my paper looks at the headscarf debate through the lens of the German Kulturkampf (1871-1887) and nineteenth century US laws that banned public school teachers from wearing clerical garb. I reach two tentative conclusions. First, many of the claims made against European Muslims - especially about the "backward" nature of the religion - were also made against Catholics. Second, just as the Kulturkampf (and US clerical garb laws) failed to create a new "modern" Catholic, headscarf laws will not create Islamic moderates. However, the ultimate incorporation of Catholics in the years after 1945 suggest a more hopeful future - one that will come quicker if there is less legal repression.
Number of Pages in PDF File: 24
Keywords: Comparative law, religious law, equality, discrimination, culture, religious minorities
Date posted: September 8, 2008 ; Last revised: December 1, 2010
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