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Does the U.S. require women who wear facial coverings to remove them when going through customs, or when getting a passport or drivers license?
Question
#126408. Asked by george48. (Jul 14 12 3:01 PM)
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doorsfan58

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Here's an excerpt from an interesting article on the subject:
"One topic of continuing concern for Sikhs is the requirement, now being considered in several states, that driver's license photographs show the full head and face. U.S. passport regulations allow people to wear religious headgear in official pictures, and most states follow the same rule for driver's licenses, but the federal Constitution does not require states to make an exception for religious headgear.If a state wanted to ban all headgear in driver's license photos, it would be free to do so. Under the U.S. Supreme Court's 1990 decision in Employment Division v. Smith, a statute does not violate the Free Exercise Clause unless it singles out religious conduct for disfavored treatment."
http://pewresearch.org/pubs/1431/sikh-americans-religious-liberty
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davejacobs
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http://www.usatoday.com/news/nation/2003-06-06-license-veil_x.htm
This article indicates that at least in Florida a muslim woman must have her face uncovered for a drivers license photo. As the article indicates, it would be absurd if a measure designed to help identify people were to allow faces to be covered.
Incidentally I imagine that the Sikh business above was about men wearing turbans. I don't think Sikh women wear facial coverings.
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queproblema
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Each state has its own rules for driver's licenses. It would be too tedious to list them all here. This PDF from the Council on American-Islamic Relations Research Center was current as of 31 Oct 2005.
The words "facial coverings" occur only for the state of New Jersey, documenting a sudden change in policy:
"In 2003, a memorandum reminded employees that "applicants who obtain photo driver licenses or ID cards are
not required to remove religious or ethnic head and/or facial coverings. Also, the Division no longer requires
that the applicants certify to the necessity of the coverings. Three weeks later another memorandum was issued
disallowing the issuance of driver licenses to applicants wearing facial coverings of any kind."
http://moritzlaw.osu.edu/electionlaw/litigation/documents/LWVJ.pdf
Pure (but true, cross my heart) anecdote: Last month when I renewed my driver's license in Anchorage, Alaska, a white male ahead of me was obliged to remove the bandana that covered the top of his head for his photo.
The document I've linked to says that in Alaska, the DMV is instructed, "Use discretion with applicants wearing
hats or other head wear. Head wear for religious purposes is permissible."
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