# Banning Burkinis (or Veils/Headscarves) **URL:** \ **Category:** Great Debates\ **Created:** [August 17, 2016, 3:43pm UTC](https://boards.straightdope.com/t/banning-burkinis-or-veils-headscarves/763085 "2016-08-17T15:43:26Z")\ **Posts on this page:** 3\ **Page:** 12
**Author:** ![Fotheringay-Phipps](https://avatars.discourse-cdn.com/v4/letter/f/d9b06d/32.png) [@Fotheringay-Phipps](https://boards.straightdope.com/u/Fotheringay-Phipps)\ **Post date:** [August 26, 2016, 3:38pm UTC](https://boards.straightdope.com/t/banning-burkinis-or-veils-headscarves/763085/221 "2016-08-26T15:38:10Z")
As Joe Gould once said: _In the Winter I’m a Buddhist, And in Summer I’m a Nudist._ ---
**Author:** ![clairobscur](https://avatars.discourse-cdn.com/v4/letter/c/839c29/32.png) [@clairobscur](https://boards.straightdope.com/u/clairobscur)\ **Post date:** [August 30, 2016, 9:47am UTC](https://boards.straightdope.com/t/banning-burkinis-or-veils-headscarves/763085/222 "2016-08-30T09:47:46Z")
> [@drewder](#): > > The story doesn’t say but it seems likely that the legal finding was based on the EU Charter of Fundamental Rights. If so I wonder if the anti-Muslim elements in France which seem to be gaining support might view this as reason for a #Frexit vote. Since it was a summary procedure, there wasn’t much detail about the reasons of the decision, but it seems to be more based on constitutionally guaranteed freedoms and even simply the law. Basically, the State Council stated that the mayor had no legal right to restrict fundamental liberties without proving that it was strictly necessary to prevent serious risks against the public order > [@](#): > > Also from reading it seems that articles are saying that this will set a precedent for other French towns with similar bans. I was under the impression that under civil law systems, such as is found in France, that precedent wasn’t something that courts paid any attention to. They pay a lot of attention to it. Like in the USA, there are decades-old, or century-old precedents that are still standing. And studying them is a large part of studying law. The difference is that French courts aren’t _obligated_ to follow a precedent. So, in theory, a lower court could find differently about the same issue. But it’s extremely unlikely to happen, especially since the State Council just decided about it, hence a contrary decision would be appealed and cancelled. But it happens that a change in a long-standing precedent is initiated by a lower court, and then confirmed by higher courts. As far as I understand, that wouldn’t be possible in the USA, for instance. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [September 2, 2016, 10:53am UTC](https://boards.straightdope.com/t/banning-burkinis-or-veils-headscarves/763085/223 "2016-09-02T10:53:11Z")
On my last beach vacation, I was surrounded by all manner of skimpy bikinis as well as topless women. I found myself at one point watching the only two burkini clad women I’d ever seen. They were incredible colors, and for some reason they were a real turn on (apologies to allah). [Previous page](https://boards.straightdope.com/t/banning-burkinis-or-veils-headscarves/763085.md?page=11)