Visible through the Veil: The Regulation of Islam in American Law*

Abstract

This article examines the Muslim headscarf in light of recent debates about the accommodation of religion in U.S. public institutions. Recent quarrels over such matters as the phrase 'one nation under God' in the Pledge of Allegiance and the posting of the Ten Commandments in courthouses and other government buildings, foreground American attitudes about whether wearing the Muslim headscarf a practice deserving First Amendment protection. What legal claims have been raised by or on behalf of Muslim women wearing the headscarf in the United States? How do these comport with judicial doctrine on the separation of church and state? And what roles have religious advocacy groups played in promoting positions that have a bearing on how the headscarf is viewed? Viewing the law of regulation as productive rather than protective of the subject, this article analyzes how discourses and practices of secularism have been formed with respect to the question of wearing the Muslim headscarf in a variety of contexts.