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The Colander and the Driver's License
Illinois Review ^ | November 18, 2015 A.D. | John F. Di Leo

Posted on 11/18/2015 12:07:41 PM PST by jfd1776

For as long as there has been a free press, there has been some form of “news of the weird.”

It may be a humorous feature during a radio or TV newscast, or a throwaway corner to fill space in a newspaper… the funny-but-true story has always had a place in journalism. With the advent of social media and internet websites, where publishers no longer have to pay for each column inch or count every second of broadcast time, the place for silly news has grown.

And there’s nothing wrong with that… as long as it keeps its proper place.

There may, however, be a problem when odd aspects of a story get an important issue moved away from the Nation Desk onto the Features Page. And yes, this happens more than one might think.

The Driver’s License and the Colander

On November 13, the AP reported that Lindsay Miller, a Boston Pastafarian, had finally succeeded in her effort to win the right to wear a colander on her head in the photo on her Massachusetts Driver’s License. The short news story, picked up by USA Today and many other outlets, included the fundamentals of the Pastafarian “religion...” and was accompanied by a photo of the subject, with shiny steel colander in place, holding a photo of her freshly minted Driver’s License.

On first read, of course, it is funny. Nobody will deny that Ms. Miller looks ridiculous using kitchenware as a hat.

And we’re always impressed when anyone “beats the system,” aren’t we? Her success in knocking down a regulation banning headwear, to allow her to wear it for her photo, is downright inspirational. Every libertarian and conservative, who cheers when the Leviathan is knocked down a peg, will certainly join in this hearty laughter, at least for a moment.

Congratulations to Ms. Miller, we chuckle. And we move on to the next story, dismissing this story as just another humorous feature, “all the funnier because it’s true!”

Reflecting on What Really Matters

But as we move on to the next story, or even the next, something tugs at our ear. Something seemed wrong there; maybe this isn’t all about meaningless humor after all.

Just what is a Pastafarian?

The Pastafarians are, essentially, a parody of a religion. They claim not to be anti-religious, but they were founded as what they considered to be a humorous opposition to the teaching of Intelligent Design in schools. They say that since the odds of a God creating the universe are the same as the odds of a flying spaghetti monster dropping noodles on the earth, they choose to worship the flying spaghetti monster.

So they invented The Church of the Flying Spaghetti Monster, a decade ago, and they make the news now and then.

Of course there are a number of problems with the logic of that prime thesis of theirs. Primarily, those odds are not the same. Right or wrong, there have been reports of interaction with the Supreme Being for as long as there has been human life on earth, while there has never been a report of interaction with a flying spaghetti monster. We don’t mention this to disprove its existence (proof is hardly necessary, in this case), but to point out the flaw in their logic. Their case is built on a false equivalence.

But let’s look at the more serious aspect of this “religion:” the fact that, despite its admittedly being a parody, still they claim special treatment under the law as if it were a real religion.

Catholics, Lutherans, Jews, Seventh Day Adventists, Quakers… these are real religions. Their advocates believe in the tenets of their professed faiths. By contrast, the Pastafarians demand equal treatment, contrary to all legal precedent.

Consider, for example, the Conscientious Objector exception from the military draft. If you are a devoted member of a peace church like the Quakers, you can be excused from the draft… but just because Quakers are excused, that doesn’t mean that members of all other churches can be excused. A special provision is carved out under the law for true believers, not for parodies of believers.

False equivalencies have long been a problem for the American Left. They’ve claimed that excising a baby girl from her mother’s womb is equivalent to excising a tumor… Or that psychologists and librarians spend the same time in school, so they should be paid the same wage… Or that traditional restrictions on marriage, such as incest bans and a legal age of consent, should be wiped out because after all, “we’re all people; we’re all the same inside.”

The insult to real religions isn’t a political issue. Real religious people (with the exception of one group that comes to mind, of course) can handle a little ribbing. If that insult reaches the point of blasphemy, well, that’s between the individual and the Lord; it’s none of the government’s business.

But it may indeed be the government’s business if the complainant is asking for a government break to be extended to the undeserving.

Reasons Behind the Rules

What is routinely forgotten by the Left is that when there is an exception, it’s there for a reason. It’s not that government is unfairly favoring one group over another, it’s that society has decided that some special circumstance generates a special societal good, and therefore deserves special treatment… not because the person is favored, but because society needs that societal good.

For example, we treat all individual adults alike under the law – but we recognize that heterosexual marriage provides a special societal good (the production of children, raised in a two-parent family of one man and one woman) that deserves to be encouraged through such benefits as joint tax filing, automatic inheritance, and immunity to being compelled to testify against one’s spouse. We don’t say “Ron and Nancy got this when they got married, so we want it too!” We must recognize that the reason for the benefit must be satisfied in order for the benefit to be extended further.

It’s all about first principles. Why do we have special provisions for religions? Because belonging to a real religion makes people more likely to be good citizens. That’s not to say that belonging to a parody religion necessarily makes people bad citizens; they may be good citizens too; but there’s no evidence of causality there, as there is with people belonging to the real religions that our Founding Fathers had in mind. Ours is a Judeo-Christian nation; we respect the traditions of the Judeo-Christian worldview.

The benefits we may extend to a Christian or Jew should not be automatically extended to a Pastafarian; it undermines society’s respect for real religions, as well as rewarding a fake with something that society had intended only for the real.

Any short-sighted bureaucrat or judge who confuses these matters – losing sight of the forest for the trees, as the saying goes – is doing society no favors, even if he does succeed in provoking a few chuckles in the newsroom.

Imprimis

In any public policy decision – no matter whether it’s a legislative decision, a judicial decision, or the executive decision of a bureaucrat – we must resist the temptation to judge a subject by the obvious result. We must instead ask first what the product or rule is there for, and then seriously consider whether any exceptions will compromise that purpose.

Let’s return to the question of the Driver’s License. Should some comical nut be permitted to wear a colander on his or her head for a Driver’s License photo or not?

Well, before we ask whether a parody religious exception – or even a real religious exception, for that matter – should be considered, perhaps we should refresh our thoughts on why the Driver’s License itself is issued, in the first place.

- The Driver’s License represents the state’s confirmation that a person has been tested and confirmed to know the Rules of the Road, and is granted the privilege to drive a passenger vehicle (and in the case of commercial and other licenses, other vehicles as well).

- The Driver’s License also confirms that a person has not had that license revoked for drunk driving or other severe moving violations.

- The Driver’s License is used to apply for benefits, from unemployment to food stamps, from housing aid to free education.

- The Driver’s License also serves as a person’s primary official general identification card, tying the person’s appearance to the name and address that he or she claims, to prove identity for cashing checks, buying firearms, even voting.

Let’s focus on that final point. The Driver’s License is proof of who the person is. The picture is the determining factor; it’s the essence of the card. Without that picture, anyone could rattle off a name and address that he made up 30 seconds ago; but with the picture, on an officially laminated card with watermarks and holograms to prove authenticity, anyone from a state trooper to a retail clerk can tell (barring a talented forgery) that it is real, so the person really is in fact who he or she claims to be.

There are rules about these photos. Every state mandates that the resolution be such that the whole head be present, that nothing obscures the face (except possibly eyeglasses), that it be as good and clear a means of identifying the person as possible.

Some states have authorized the wearing of a headscarf or hat if a religion requires its adherents to wear one, usually as long as it doesn’t obscure the face. But is that really fair? Is it really helpful to the public?

Consider: What’s the first thing you think of, when you picture actors Bruce Willis or Fabio? Patrick Stewart or Hugh Grant? A person’s hair, or lack thereof, is often as much of a distinguishing feature as his nose, eyes, or chin. Is it really safe to allow headwear that might disguise that aspect of the subject’s appearance?

Yes, one can make the case that a religious requirement to wear a scarf doesn’t make too much of a dent in the value of the picture… and remember too, if it’s a real religion, the person likely wears it always. So if the lady has a headscarf on her Driver’s License picture, she’s likely going to be wearing that headscarf if a trooper pulls her over or if she presents a check to a store cashier.

But if the person doesn’t in fact belong to a real religion, then the person isn’t likely to wear that accoutrement all the time. Nobody could convince us that Ms. Miller of Boston, the Pastafarian at issue this week, wears her colander on her head all day long, while driving, while shopping, while dining. When she presents her Driver’s License as identification, that colander taking up half the picture will be a distraction; it will compromise the value of the Driver’s License without a shadow of a doubt.

So not only does she not deserve the exception – because it’s admittedly not a real religion but a scam – but in addition, it does indeed compromise the value of the Driver’s License in a way that real religious people’s circumstances would not.

Remember, muslims have tried to convince states to allow women to leave the burka on for their Driver’s Licenses, rendering the picture completely useless, all by claiming these common religious exceptions.

Under the law and throughout history, every change is precedent for the next change (or as Macchiavelli put it, “every change leaves a toothing stone for the next”). We must remember that the joke that looks harmless today could easily be used to sacrifice our security tomorrow.

What lessons do we learn from this experience?

- That we must turn to first things, when analyzing any public policy matter, as a doctor analyzes a sick patient. The outward appearances of an issue may just be symptoms, and we need first to identify the underlying cause. Before judging an exception, look to the reason behind the rule.

- That the very fundamentals of our society are under assault, as reasonable rules for legitimate religions are twisted. A nation that values freedom of religion and freedom of speech must expect such assaults, but that doesn’t mean we should encourage them. We must work that much harder to protect our traditional values in the face of such cultural attacks.

- And perhaps most importantly, that our defenses can be breached by the smallest of things. Like the crack in a dike that enables a dam to burst, allowing people to weaken the utility of a Driver’s License can enable vote fraud, identity theft, welfare fraud, even terrorism.

The Driver’s License is small, just a plastic-coated card that’s carried around in the wallet or purse. But its abuse can be the snowball that starts an avalanche, from a public policy perspective.

All things considered, this humorous little feature turns out not to be so funny after all.

Copyright 2015 John F. Di Leo

John F. Di Leo is a Chicago-based trade compliance manager and lecturer. An actor, writer, and recovering politician, his columns regularly appear in Illinois Review.

Permission is hereby granted to forward freely, provided it is uncut and the IR URL and byline are included. Follow John F. Di Leo in Facebook or LinkedIn, or on Twitter at @johnfdileo.


TOPICS: Government; Miscellaneous; Politics
KEYWORDS: driverslicense; identification; pastafarian; terrorist

1 posted on 11/18/2015 12:07:41 PM PST by jfd1776
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To: jfd1776
I have no problem with it, as long as she wears the colander in public at all times.
2 posted on 11/18/2015 12:10:40 PM PST by wideawake
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To: jfd1776
Lindsay Miller License
3 posted on 11/18/2015 12:11:04 PM PST by Cyman
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To: jfd1776

Praise be to the FSM, and to the sauce which he brings....


4 posted on 11/18/2015 12:14:48 PM PST by tcrlaf (They told me it could never happen in America. And then it did....)
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To: jfd1776

I wish I had the energy to make some meatballs tonight. I’d serve it up with some pasta god cooked al dente


5 posted on 11/18/2015 12:16:50 PM PST by Trillian
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To: jfd1776

I enjoy being an ordained Pastafarian minister. My neighbors used to call the cops on me wheneve we would have a fire out back, or even when I was smoking a turkey or something, but now I claim it is a religious fire, they can’t do a damn thing and the cops told them to stop harassing me.

Best $20 I ever spent, almost.


6 posted on 11/18/2015 12:17:01 PM PST by Travis T. OJustice (I miss my dad.)
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To: wideawake
Not your call. That's the 1st.

One of these computers around here is named 'Bobb Dobbs'

/johnny

7 posted on 11/18/2015 12:19:38 PM PST by JRandomFreeper (gone Galt)
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To: tcrlaf

8 posted on 11/18/2015 12:21:16 PM PST by Rio (Proud resident of the State of Jefferson)
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To: JRandomFreeper
Not your call. That's the 1st.

Incorrect.

There is a religious exemption for headgear like kippahs, paggs, and face-revealing headscarves, etc. that the driver in question is required to wear when he or she is in public.

If you're wearing a colander in the drivers' license photo, it should be on the understanding that your religion requires you to wear it whenever you're in public.

Otherwise, it's a double standard.

9 posted on 11/18/2015 12:24:49 PM PST by wideawake
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To: jfd1776
if it's a real religion, the person likely wears it always.

For example, the Sikh turban. Unless they're sleeping or in the shower, they pretty much always have it on. To pull it off is considered an insult to a Sikh.

So in normal activity, you will see the Sikh man with his turban on. Thus, if he wears it in his driver's license picture, that's just his normal appearance, so it meets the requirements that DiLeo outlined.

I am willing to bet money that the Pastafarian woman doesn't go around in her normal, day-to-day activities with a collander on her head.

BTW, I hope she washed that thing.

10 posted on 11/18/2015 12:27:06 PM PST by TBP (Nous sommes tout Francais.)
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To: jfd1776
if it's a real religion, the person likely wears it always.

For example, the Sikh turban. Unless they're sleeping or in the shower, they pretty much always have it on. To pull it off is considered an insult to a Sikh.

So in normal activity, you will see the Sikh man with his turban on. Thus, if he wears it in his driver's license picture, that's just his normal appearance, so it meets the requirements that DiLeo outlined.

I am willing to bet money that the Pastafarian woman doesn't go around in her normal, day-to-day activities with a collander on her head.

BTW, I hope she washed that thing.

11 posted on 11/18/2015 12:27:08 PM PST by TBP (Nous sommes tout Francais.)
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To: wideawake
Bad call by a bad SCOTUS.

I don't trust them as far as I can throw them.

/johnny

12 posted on 11/18/2015 12:32:31 PM PST by JRandomFreeper (gone Galt)
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To: wideawake

I agree, I think she should get a ticket every time she is out in public without her colander.


13 posted on 11/18/2015 12:39:22 PM PST by Ditter (God Bless Texas!)
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To: wideawake

Some intrepid reporter would be wise to follow her around, snapping pictures and/or taking video of her. If she does indeed, fail to wear a colander at all times while driving, it could be argued that she was attempting to disguise her appearance on her driver’s license, since she claims it is a requirement of her ‘religion’.

Many years ago, a young Sikh joined the Mounties and argued all the way to the SCC, to wear a turban instead of the Stetson. (Apparently, they are allowed by their religion to wear a kerchief under hardware, but he chose to push the issue.) He won his case.

Like all Mounties, his first posting was thousands of miles from home. He was posted to the NWT. Oftentimes, a lone Mountie will be the only LEO for miles, to the next village. On many occasions, he was called to break up brawls at Bard. Even the Natives disliked him not wearing the Stetson, and wouldn’t listen to him. He was often beaten up by Natives and when he called for backup from other Mounties, they often had ‘telecommunication’ or ‘transport’ issues, and arrived too late to assist this fellow. After six months, he quit and became a Vancouver Police officer.

I’ve been advised that, if I were to grow a beard, as driving is my ‘profession’, I would likely require a new license that reflects the additional facial hair.


14 posted on 11/18/2015 12:41:24 PM PST by A Formerly Proud Canadian (I once was blind but now I see...)
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To: JRandomFreeper
OK.

That's not an argument, but thanks for letting us know about your feelings.

15 posted on 11/18/2015 12:52:24 PM PST by wideawake
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To: zot; Interesting Times; SeraphimApprentice; NYer; 2ndDivisionVet

ping for Pasta prayer....perhaps in memory of those who lived on Ramen noodles at one time or another in their life.


16 posted on 11/18/2015 1:04:31 PM PST by GreyFriar (Spearhead - 3rd Armored Division 75-78 & 83-87)
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To: GreyFriar; zot; Interesting Times; SeraphimApprentice; 2ndDivisionVet
ping for Pasta prayer....perhaps in memory of those who lived on Ramen noodles at one time or another in their life.

PC gone way too far!! She should be required to wear that colander at all times in public. Make a public spectacle of her. The colander symbolizes ...


17 posted on 11/18/2015 1:27:10 PM PST by NYer (Do not store up for yourselves treasures on earth, where moth and rust destroy them. Mt 6:19)
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To: GreyFriar

I don’t care what she wears on her head, but she should have to wear it whenever she drives a car.


18 posted on 11/18/2015 4:22:01 PM PST by zot
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To: NYer

She should have to wear it whenever she drives a car or presents her driver’s license as proof of identity.


19 posted on 11/18/2015 4:23:50 PM PST by zot
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