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THE DETROIT JEWISH NEWS
Friday, January 25, 1985
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New York — Adherents of reli-
gious sects that prohibit their
members from being photo-
graphed should not be barred
from obtaining a driver's license,
say two national Jewish organiza-
tions.
An amicus, or friend-of-the-
court brief, filed in the United
States Supreme Court by the
American Jewish Congress on
behalf of itself and the Synagogue
Council of America, said that
states requiring photographs on
licenses should grant waivers to
those who object on religious
grounds.
The brief, written by Marc
Stern, Lois C. Waldman and
Ronald A. Krauss of the American
Jewish Congress legal staff, con-
tended that the state of Nebraska
erred in turning down such a re-
quest for exemption. Nebraska of-
ficials said that to have allowed
an exception would be a violation
of the Constitutional ban on gov-
ernment establishment of reli-
gion. But the Jewish organiza-
tions say such an interpretation is
a misreading of the Constitution.
The case grew out of a com-
plaint by Nebraska resident
Frances J. Quaring, a member of a
small Christian sect, who was
turned down for a driver's license
because her religion forbids its
members to be photographed. The
state of Nebraska requires a pic-
ture on all driver's licenses.
Quaring brought suit in the
U.S. District Court for Nebraska
which ruled that the state was re-
quired to grant the exemption in
order to accommodate her Con-
stitutional xight to free exercise of
religion.
Nebraska appealed the decision
to the Federal Court of Appeals
for the 8th District, arguing that a
religiously based exemption from
a "general applicable statute" is
unconstitutional because it repre-
sents government "preference
for" and tends to establish reli-
gion.
The appeals tribunal upheld
the lower court and ruled in Quar-
ing's favor. The state of Nebraska
then appealed to the Supreme
Court.
In its brief to the high court,
AJCongress noted that past Sup-
reme Court decisions have held
that government accommodation
to permit the free exercise of reli-
gion is not necessarily an estab-
lishment of religion. Exemptions
from generally applicable sta-
tutes, it said, are necessary for
some religious minorities, includ-
ing Jews, to enable them to freely
obsersie the dictates of their reli-
gion without suffering penalties,
such as the denial of government
benefits that are generally avail-
able to all.
Acceptance of the Nebraska
argument that any exemption on
religious grounds constitutes
preferential treatment and is un-
constitutional works to the disad-
vantage of religious minorities,
the brief continued. "Such a result
would severely diminish the vital-
ity of religion in this country,
stifling the growth of new forms of
religious practice and experi-
ence."
Contrary to the assertion of
Nebraska officials, the brief ob-
served, Quaring "is not asserting
a right to a driver's license, but
rather a fundamental Free Exer-
cise right to be excused from the
photograph requirement."
"The notion that the exemption
of religious observers from laws of
general applicability does not es-
tablish religion is well ingrained
in American constitutional law,"
he noted.
The apparent conflict between
the constitutional clause guaran-
teeing free exercise of religion and
that prohibiting government es-
tablishment of religion can be re-
solved by a "balancing of the
commands of both clauses so that
neither overwhelms the other,
and religious liberty is nurtured,"
the brief contended.
The Constitution's mandate of
religious liberty often compels
government to adjust its regula-
tions to take into account the
needs of citizens whose religious
practices are in conflict with
"majoritarian norms," the AJcon-
gress argued. "The accomodation
sought here does not interfere
with, or influence, anyone else's
religious choices; it merely allows
the implementation of a prior,
purely private, religious choice. It
does not in any meaningful sense
establish religion."
The brief noted that in cases
like Quaring's the crucial ques-
tion is whether the state has a
"compelling interest" in not ac-
commodating the individual's
religious practices. Nebraska offi-
cials, it pointed out, have two
interests in enforcing the photo-
graph requirement: its usefulness
as a sure form of identification
during highway stops by police;
and the administrative con-
venience of not being required to
deal with exceptions.
A photograph, however, is not
the only identification device
available, said the brief, which
added that height, weight, hair
color, scars and other descriptive
material are used in states that do
not have a photograph require-
ment for all drivers' licenses. The
"small incremental advantage"
provided by a photograph is not
"sufficiently weighty" to over-
come Quaring's right to free exer-
cise of religion, it asserted. Simi-
larly, the administrative incon-
venience faced by state officials in
granting an exemption from the
photograph requirement was
characterized in the brief as "min-
imal."
LOCAL NEWS
FAS Jamboree
Sunday At Center
The Fresh Air Society will host
the Tamarack Camps' annual
jamboree and reunion 1 p.m. Sun-
day at the main Jewish Commu-
nity Center.
There will be more than 40 ac-
tivity and craft booths, all offered
free of cost to the general commu-
nity.
Refreshments will be available
free of charge.
There will be a continuous
showing of the Tamarack camps
movie, as well as slide shows and
video presentations from last
summer.
The Fresh Air Society is a
member agency of the Jewish
Welfare Federation and the
United Foundation and provides
summer residential camping ex-
periences for all ages. Family
BUSINESS
CHUCK BALE has been named
a senior buyer responsible for
merchandising home/portable
audio equipment and major
appliances for Highland
Appliance.
TOSS A PARTY announces the
opening of a second store in
Livonia's Mid-Seven Shopping
Center at Seven Mile and
Middlebelt Roads. The original
store is located at Southfield and
12'/2 Mile Road. Hours at both
stores are: Monday-Friday, 10
a.m.-8 p.m.; Saturday, 10 a.m.-6
p.m.; Sunday, noon-5 p.m.
Camp is open to families with
children.
Camp Tamarack is intended for
children entering and through
fifth grade, Camp Maas is for
youngsters entering sixth-tenth
grades. Teenge campers are of-
fered Teen Travel Trips, Camp
Kennedy and Canadian Wilder-
ness Trips.
For information about the jam-
boree or the summer camp pro-
grams, call the Fresh Air Society,
661-0600.
Seniors Take
Shopping Trips
West Bloomfield Parks and
Recreation will offer shopping
trips to area malls for West
Bloomfield seniors once a month
beginning in February. The first
trip will be Feb. 13 to Oakland
Mall.
Reservations are required. For
information, call the Parks and
Recreation office, 334-5660. Door
to door transportation is avail-
able.
Classes Help
Kick The Habit
William Beaumont Hospital
will offer a series of classes to help
people quit smoking, Monday and
Thursday evenings, 7-8:30, be-
ginning Feb. 4.
Classes are open to the public
and there is a charge. For regis-
tration information, call Beaum-
ont Hospital, 288-8425.