Washington, USA - No television, no wedding or family photographs, and definitely no image of herself on her driver's license: That was the devout Christian life that Nebraska resident Frances Quaring was trying to lead.
Which is why, after the state of Nebraska rejected her request for a license-without-a-photograph in the mid-1980s, Quaring sued the state in a landmark case that ended up at the U.S. Supreme Court. She won, with the justices agreeing that preserving her freedom of religion outweighed the state's interest in requiring an ID photograph.
More than two decades after the Quaring case, approximately a dozen states now offer religious exceptions when issuing driver's licenses. But because of a federal law called the Real ID Act that takes effect on May 11, residents of those states who have pictureless licenses could expect problems flying on commercial airliners and entering federal buildings, including some Social Security and Veterans Affairs offices.
The new rules could affect thousands of Americans in states including Nebraska, Pennsylvania, Oregon, Minnesota, Kansas, Arkansas, and Indiana. Religious groups including some Amish, Old Order Mennonites, Muslims, members of Native American faiths, and fundamentalist Christians object to identification cards bearing their photographs--or, in some cases, even showing their unshrouded faces in public.
The American Civil Liberties Union, which has criticized Real ID on numerous grounds, says it has received complaints about the law's rigidity toward religious groups and is "exploring all options," including a legal challenge to the law.
"We are deeply concerned that Real ID and the associated regulations intrude on the religious liberty of many Americans who for reasons of faith wear head coverings or object entirely to having their photo taken," said Daniel Mach, director of litigation for the ACLU Program on Freedom of Religion and Belief. "The faithful shouldn't have to choose between a driver's license and their religious beliefs."
Under Real ID, there's no obvious wiggle room for Americans who object to facial photograph requirements on religious grounds. The lengthy new regulations released by the U.S. Department of Homeland Security last month set minimum standards for state-issued driver's licenses and IDs, among which is a "full facial digital photograph" that adheres to specific federal requirements.
This could pose real problems for some residents of states with a history of allowing the devout to obtain valid driver's licenses without photographs in an attempt to accommodate religious beliefs. Still more states have enacted laws known as "religious freedom restoration acts," which more broadly allow for accommodation of religious beliefs in the face of government regulations.
"My understanding is that the Real ID legislation takes that option away from states," said Steve Nolt, a history professor at Goshen College who has studied Amish interaction with government regulations in recent decades.
For some Christians, Quaring included, one source of religious objections to Real ID comes from the Christian Bible's Second Commandment, which in one translation says: "You shall not make for yourself an idol in the form of anything in heaven above or on the earth beneath or in the waters below."
Homeland Security justifies its mandates by saying a facial photograph "serves important security purposes." Its stated goal through Real ID--approved unanimously by the Senate and overwhelmingly by the House of Representatives as part of a "Global War on Terror" bill--is to improve driver's license security and thereby handicap terrorists, identity thieves, and illegal immigrants.
"Given these security concerns and the clear statutory mandate, DHS believes that a driver's license or identification card issued without a photograph could not be issued as a Real ID-compliant driver's license or identification card," the agency says.
Translated, that means in just over three months, federal agencies may no longer accept those "noncompliant driver's licenses" for Americans who are boarding a commercial airplane or entering a federal building. In addition, Homeland Security can add other requirements--one Homeland Security official recently suggested Real ID could be required to buy certain cold medicines--without consulting Congress first.
The lack of flexibility is troubling to Herman Bontrager, the secretary-treasurer of the National Committee for Amish Religious Freedom. His all-volunteer group has met at least twice with Homeland Security officials to try to seek a compromise, and it's also talking with some members of Congress, as the Amish don't generally file lawsuits. They've had "congenial" conversations that discussed alternative possibilities for verifying identity--the Amish are amenable to fingerprints instead of photographs, he said--but no actual progress has been made so far.
The photo ID requirement has already raised practical concerns in recent years, particularly because of the newly instated passport requirement for crossing into Mexico and Canada, where the Amish often travel to visit family or seek medical treatment, Bontrager said. Because the Amish don't fly on airplanes, most do not have passports, he said, adding that he worried the Real ID requirements could make it less convenient for them to access federal buildings. Without a photo-equipped license, they won't be able to visit some Social Security offices, for instance.
"I think the Amish appreciate the conversations and the access to Homeland Security people, but we're now getting down to the implementation phase," said Bontrager, a Lancaster County, Penn., resident who runs an insurance company inspired by Biblical principles. "Each step in the rulemaking progress, we provide comment, and so on and never get any response. We have not yet seen any evidence that they're willing to make accommodations or provide options."