24 Pages Posted: 8 Sep 2008 Last revised: 1 Dec 2010
Date Written: September 2, 2008
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.
Keywords: Comparative law, religious law, equality, discrimination, culture, religious minorities
Suggested Citation: Suggested Citation
Kahn, Robert A., Are Muslims the New Catholics? Europe's Headscarf Laws in Comparative Historical Perspective (September 2, 2008). Duke Journal of Comparative & International Law, Forthcoming ; U of St. Thomas Legal Studies Research Paper No. 08-26. Available at SSRN: https://ssrn.com/abstract=1262536 or http://dx.doi.org/10.2139/ssrn.1262536