Canadian Court Upholds Denial of Driver's License To Pastafarian Wearing Pirate's Hat

In Canada, in Smith v. British Columbia Human Rights Tribunal, (BC Sup. Ct., Feb. 26, 2021), a British Columbia trial court upheld the dismissal by the B.C. Human Rights Tribunal of a religious discrimination complaint filed by a member of the Church of the Flying Spaghetti Monster. The province's driver's license authority had refused to issue petitioner a license using his photo that showed him wearing a pirate's tricorn hat. The Tribunal had said:

You are a Pastafarian and member of the Church of the Flying Spaghetti Monster which mocks religious beliefs and certain religious practices.  Pastafarians wear colanders as “religious” head gear.

While the protection against discrimination on the ground of religion in the Code includes protecting the expression of non-belief and the refusal to participate in religious practice, the protection does not require accommodation of a practice satirizing religious practice in providing a service customarily available to the public.  It would not further the purposes of the Code to proceed with a complaint in these circumstances.

In refusing to overturn the Tribunal's decision, the court said in part:

The Tribunal determined that accepting the petitioner’s complaint for filing “would not further the purposes of the Code”, one of which is to “promote a climate of understanding and mutual respect where all people are equal in dignity and respect”.  In my view, the Tribunal’s Decision ... cannot be said to have been patently unreasonable.

Castanet reports on the decision.

Suit Challenges Illinois Waiver Form To Allow Drivers License Photo With Head Covering

Suit was filed this week in an Illinois federal district court on behalf of a Muslim woman who wears a hijab challenging the disclaimer that Illinois administrative rules require to be filed in order to allow a driver's license photo to be taken wearing a head covering. The complaint (full text) in Bicksler v. Illinois Secretary of State, (ND IL, filed 8/26/2019),contends that plaintiff's free exercise rights under the 1st Amendment and Illinois' Religious Freedom Restoration Act and the Illinois Human Rights Act were violated when she was required to sign this statement:

In observation of my religious convictions, I only remove my head dressing in public when removal is necessary (such as for a medical examination or a visit to a hair dresser or barber). I do not remove the head dressing in public as a matter of courtesy or protocol (such as when entering a professional office or attending a worship service). I acknowledge that if the Director of the Driver Services Department is provided with evidence showing I do not wear a religious head dressing at all times while in public, unless circumstances require the removal of the head dressing, my driver’s license or identification card may be canceled.

CAIR Chicago issued a press release announcing the filing of the lawsuit.

Dutch High Court Rules Pastafarianism Is Not A Religion

The Guardian reported yesterday that Netherlands highest court, the Council of State, has ruled that law student Mienke de Wilde who is a Pastafarian cannot wear a colander on her head in her passport and drivers license photo. While Dutch law allows the head to be partially covered for such photos for genuine religious reasons, the court ruled that the Church of the Flying Spaghetti Monster lacks the seriousness and coherence required of a religion.  The court said:

It is important to be able to criticise religious dogma freely through satire but that does not make such criticism a serious religion.

Oklahoma Supreme Court Rejects Challenge To Driver's License Photo

In Beach v. Oklahoma Department of Public Safety, (OK Sup. Ct., May 16, 2017), the Oklahoma Supreme Court held that under the Oklahoma Religious Freedom Act, plaintiff must make a prima facie showing of a substantial burden on his or her free exercise of religion before the government needs to demonstrate a compelling government interest and least restrictive means.  The court concluded that plaintiff here failed to make a prima facie showing supporting her allegation that her sincere religious beliefs prohibit her, in obtaining a driver's license, from allowing a biometric photo to be taken and placed into a database that is accessible by other countries or international organizations.  The court also concluded that plaintiff's complaint is moot because plaintiff had already submitted biometric photos and fingerprints in the past. Two justices concurred only in the result and one dissented in part, saying that the case is moot.

Maine OK's Pagan Priest Wearing Goat Horns In License Photo

The Washington Post reported today that a Pagan Priest, Phelan Moonsong, won the right earlier this month to wear a pair of goat horns in his Maine drivers license photo. Apparently Maine's motor vehicle bureau approved his request after he told them he had been in contact with the ACLU.  The state says that Moonsong did not mention that the goat horns were religious when he initially visited the Bureau of Motor Vehicles.

Suit Charges Discriminatory Application of Driver's License Photo Accommodation

The ACLU yesterday filed a federal lawsuit against the Lee County, Alabama officials in charge of issuing drivers' licenses claiming that they are unconstitutionally administering the state's religious accommodation provision allowing head coverings in license photos.  The complaint (full text) in Allen v. English, (MD AL, filed 8/30/2016, alleges that plaintiff Yvonne Allen is a devout Christian who as part of her religious practice covers her hair with a headscarf.  When Allen requested to wear her head covering for her license photo, officials told her that the religious accommodation for head coverings only applies to Muslims.  The suit alleges that this practice violates the religion clauses of the federal and state constitutions. ACLU issued a press release announcing the filing of the lawsuit.

"Seven Drums" Believer Wins Right To Wear Fox Hat In License Photo

Willamatte Week and KTAU report on an Oregon man who recently won his administrative appeal to allow him to wear unusual head gear in his driver's license photo. The man, Jay Bishop, is a practitioner of the Washat religion, generally known as the Drummer-Dreamer or Seven Drums faith.  It is rooted in a Native American belief system held by Nez Perce tribes. Bishop wears a cable knit hat that looks like an orange and cream fox head-- the fox is his religious totem. While the local DMV office last summer allowed him to wear the hat in his license renewal photo, when the license got to the state level for review it was rejected because it was not compatible with the state's facial recognition software. Bishop was without a license for 9 months while his appeal was ongoing.  The DMV said it attempts to accommodate religious beliefs, but had never heard of this religion.