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oldrebel's blog


should the state trump religious convictions ?

Published Nov. 8, 2009
Views: 440

Today I came across some of the controversy involving members of the Sikh faith and the wearing of their "Dastar" while riding a motorcycle on public highways.

A Dastar is a mandatory headgear for Sikhs. Among the Sikhs, the turban is an article of faith that represents honor, self-respect, courage, spirituality, and piety. It is party worn to cover their long, uncut hair, their Kesh.This turban is mostly identified with the Sikh males, although some Sikh women also wear turban.

Since we don't really see a lot of Sikhs around here, this was an area of contention I'd never pondered. However in the United Kingdom and certain provinces of Canada as well as most of Asia and other countries, there have been exceptions granted for those of this particular faith when it comes to not wearing the normally mandated helmet while riding a motorcyle.

Personally I don't have a problem with the mandatory helmet laws if they are applied to all equally. But then I also like the idea of the government respecting the religious convictions of it's citizens to the point that their belief will trump the governmental oversight. So there is a dilemma here...Which do we give greater weight to...The mandates of the State, or the religious convictions of it's citizens?

All laws are written by men and women and enacted in an effort to have a well ordered society. Yet when those very laws infringe on the religious (or non religious) beliefs of an individual...what is "Right" in a nation where personal liberty is supposed to guide us in formulating laws.

With this idea of some people being granted the lattitude not to wear mandated headgear based solely on their personally held religious convictions seems approprite, but then what about others who for a variety of reasons balk at wearing that same protective headgear who are not granted such a dispensation? Perhaps there should not be such a mandate and such wearing or not wearing shuld be left to the discretion of the rider.

Perhaps the law should be changed to allow personal choice.

Since this will probably provoke a response from some that I've chosen to block/iggie in the past, I will relax my self held prohibitions and open the topic to all regardless of past differences. This seems only fair since this is a topic that many may have a personal viewpoint about and would like to engage others on it.

Dastar of the Sardar (ni)

Turban, UK Legislation Regarding its use by Sikhs

Religious Helmet Exemption?

The Sing Is King (Video) Whooo Whooo  Way too cool !!!

Filed under: Religion




31 Comments


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"Helmet laws should not exist; neither should seat belt laws."

I agree. Helmets only prolong life after an accident, when not wearing one, the rider dies right away. Prolonging a riders life increases hospitalization costs and ultimately my insurance rates go up.

Make them wear a helmet shaped like a turban.

"No state can trump religious beliefs. To do so would mean that they have a belief, and therefore would be unconstitutional."

So if a church allows, or even encourages, pedophelia, state laws cannot be used to punish the offenders? I'm tired of people using religion as an excuse for breaking laws.

Here is a possible money maker OR, a dastar shaped helmet, DOT certified and all!!! LOL

Wait, wait. This dastar is cloth, right? How in the heck does that thing stay on someone's head at 55 mph on the highway ANYWAY? I can't decide how I feel about this issue. I'm a fan of survival of the fittest, so helmet laws seem unnecessary to me, except to force people to be safe out of, I don't know, respect or something, for their loved ones (like, I would be glad there are helmet laws because if my stepdad rode a motorcycle, he'd be dumb enough to not wear a helmet, so it would possibly save my family so heartbreak by the law requiring him to wear one... it makes sense in MY head, anyway). I feel the same about seatbelt laws. I'm glad we have them to keep my loved ones who think they're above harm on the safer side. So, I don't know how I feel about religious exemptions. I know I don't like them with respect to vaccinations, though.

Helmet laws should not exist; neither should seat belt laws. Consider how insane it is to require a bicycle rider to wear a helmet and yet be allowed on the same roads with multi-thousand pound vehicles. Ah DUH. As to the motorcyclist; let them make their choice; it is their heads.

Funny how the majority of the comments here are from those who don't ride. If you look at the statistics, and don't just listen to the government, you'll find that states that don't have helmet laws have similar stats for deaths and injuries per miles ridden as states that require helmets. Me - I hate them but I wear my little illegal brain bucket to keep the HP smiling.

Unfortunately, our governments (federal, state and local) are constantly changing their perspectives on such matters. Although it seems fair to allow a religious exception, as has been protocol for other items (vaccinations were mentioned already), it also seems unfair then to not allow those with other personal convictions to not be exempt (someone who doesnt wish to wear the helmet b/c they feel it's only the diff. between an open and closed casket and want to take their own chances, for example). Interesting blog. Anothern thought....How does one "prove" they are of any religious affiliation and therefore should be considered exempt of any particular law? I had a small diamond nose piercing...I was not permitted to wear it to work, but another was (she claimed it was a religious affiliation). Makes one wonder...but if we permit exceptions of the law based on religion, which laws qualify? how do we determine which laws should be left up for debate?

No state can trump religious beliefs. To do so would mean that they have a belief, and therefore would be unconstitutional.

I don't particularly have any problem with it. We already extend religious exemptions in a variety of areas (vaccination, etc.). If they're content to assume the risk, more power to them.

They can always move to other states.

Motorcycle helmets aren't required in PA, for instance.

I was surprised when I visited there last and saw hair flying, but it's the truth.

My sister said the passage of the law failed because it came to be considered a personal choice, whether to risk one's life or not, and was deemed unconstitutional to mandate it.

I don't know though if that was according to PA's constitution or US constitution, must've been PA's cause if it were against Federal law, I'm sure someone within states that mandate helmets would have taken it that far to get the state law repealed.

God bless.

RB

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