Unclear how Ohio religious-freedom bill fits with church-state divide

How is the woman on the left allowed to have a drivers license and drive with a burka on?  That would be a huge distraction!  I know I saw a mini van full of said woman waiting at a red light and it scared the crap out of me, and made me say what in thee. . . how is this legal, how can they see!?  While American drivers get fined for  driving with much less of a distraction, let's say having to much stuff being on their review mear etc as a distraction. . . . smh

AP FILE PHOTO

The proposed bill might prevent the state from ordering a Muslim woman wearing a hijab, such as the woman on the right, to remove the scarf for a driver’s license photograph, but it would still allow for the removal of a burka, worn by the woman on the left, because the state has a compelling interesting in seeing a person’s face on a driver’s license.

If the U.S. Constitution is the highest law of the land, can a state law rise above it?

No way, says Nick Worner, communications coordinator for the American Civil Liberties Union of Ohio.

Absolutely, says Joseph LaRue, of the Phoenix-based Alliance Defending Freedom, who argues that the First Amendment provides only a “baseline” but that states can pass stronger laws if they choose.

The issue is relevant because of House Bill 376, the Ohio Religious Freedom Restoration Act introduced last week by Reps. Tim Derickson, R-Oxford, and Bill Patmon, D-Cleveland, and 45 co-sponsors.

Derickson called the bill “a preventive attempt” to block what he considers further encroachment on expression of religious freedom on issues such as prayer in schools, zoning for churches and public expression of religious faith, such as wearing crosses and displaying Nativity scenes.  MORE

Should Driving While Wearing Burqas Be Illegal? How About Helmets?

Well, here's one that a whole bunch of state motor-vehicle codes probably don't address: Is driving while wearing a burqa a road hazard?

The question arises from the curious case of a 31-year-old Muslim woman fined last week in France for driving while wearing a headscarf. It was reported in some media as a burqa, although that may not be correct.

Muslim dress has become a hot political issue in France, with laws banning headscarves in certain venues. French president Nicholas Sarkozy has taken up a campaign against them, ordering Parliament to debate a law that bans the wearing of full-face veils in public.

The laws have sparked debate over the limits of religious expression in a secular society, despite estimates that fewer than 2,000 of France's 5 million Muslims actually wear the veils. This seems to be the first case in which road safety was used to justify legal action.

"Safety risk"