Saturday, January 13, 2007

The Somali Cabbies of MPLS

Somali cabbies in Minneapolis, who apparently make up a significant proportion of the cabbies who serve the airport, are demanding the right to refuse service to anyone transporting alcohol, or dogs. Alcohol is forbidden under Islamic law, and according to some interpretations, dog saliva is ritually unclean.

In fact, the unilateral refusal of service is inconveniencing others, including the "First Mate," the wife of Minneapolis blogger Captain Ed:
It also goes beyond the airport cabs, as the First Mate discovered on more than one occasion where she used taxis for normal travel when she still used Cory as her guide dog. She had to threaten one cabdriver with a complaint to get him to allow the dog, and on other occasions had to explain the open access laws for service dogs in America.
Now, compare and contrast the issues raised by Christian pharmacists who claim the right to refuse to sell the "morning after" pill on the ground that it's a forbidden abortifacient. Feminists and lefties are outraged, arguing that a pharmacy is a kind of public utility that should not be able to pick and choose what services within its authorized area of business it will provide.

The Muslim cabbies and the Christian pharmacists are claiming a religion-based exemption from a rule of general application.

There is a long history in this country of enacting generally applicable laws that have a religious basis, notably Sunday closing, or "blue" laws. These have been upheld in many cases, but on the somewhat strained basis that they have a secular purpose, such as limiting the hours of work or preventing traffic congestion.

The constitutional case law in this area is quite confused. But from a policy perspective, requiring a licensed public conveyance to carry anyone carrying a lawful substance or a licensed guide dog hardly seems like an imposition, and the demand for an exemption by a religion whose beliefs demand the enactment of its own system of law to govern society as a whole, seems ominous.

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