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Visual Religious Symbols and the Law

University of Southern California

Religious symbols evoke strong emotional responses, particularly those that are visual. This article considers a set of cases in which members of ethnic minority groups challenge policies denying them the right to wear symbols important for the maintenance of their social identities. Among the controversies considered are those concerning religious headgear and hair as well as the kirpan, the Sikh ceremonial dagger. The number of disputes involving religious garb and hairstyles demonstrates how visual religious symbols are often perceived as threatening. By analyzing selected cases in which religious minorities experience discrimination, this study reveals the precarious nature of religious liberty in democratic systems. Careful consideration of the religious symbols of minority groups may help avoid ethnocentric assessments and cross-cultural misunderstandings.

Key Words: visual culture • religious symbols/religious garb • human rights/cultural rights • employment discrimination • jurisprudence

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