Tuesday, September 27, 2022

Burkinis in the Public Swimming Pool

In June of this year, an administrative court in France upheld a ruling that women are not allowed to wear burkini swimwear in public swimming pools in the city of Grenoble.  The burkini is a head-to-ankle swimsuit that covers the woman's entire body except for her face.  Responding to vocal locals, city leaders had previously determined the burkinis would be allowed, but then a higher-ranking government official (the prefect) stopped this decision.  The administrative court upheld the prefect's decision that burkinis not be allowed.

See this article.  The primary direct effect of this ruling is that many Muslim women will no longer be swimming in the pool because they would only swim there if they could wear burkinis.

Some other French cities do allow burkinis in their public pools, so it might seem strange to not allow them in Grenoble's pools.  The court's reasoning behind not allowing them in Grenoble is not that burkinis should be prohibited in general but rather that the Grenoble city leaders whose decision -- later overturned -- to allow women to wear burkinis in public pools made their decision based in part of religious reasons, which violates a principle of separation of church and state.  Those cities that allow burkinis in public pools made their decisions to allow burkinis as part of general loosening of swimwear restrictions and not specifically to satisfy a particular religious demand.

The article does not make any prediction about what will happen next, however the ruling does seem to leave open a path for burkinis to be allowed in Grenoble in the future.  The key is for the burkini proponents to advocate for a more general loosening of swimwear restrictions rather than a specific burkini privilege.  Whatever happens, this case demonstrates the intricate interplay between religious persons and government officials that leads to the religious rules and regulations that we observe in the real world.

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