While I do not agree that this proposed law is a good idea, I do understand the motivation of the French government. They are attempting to kill two birds with one stone, and their reasons are not stupid or arbitrary. But the law is poor policy because it goes after red herring, when efforts would be better spent addressing root causes of the “troubles” involved.
France has a large population of Muslims. Currently, they comprise 8% of the population (5 million out of 40 million). They are younger than the general population, and have a higher birthrate. In USA Today yesterday, the author of a story on the issue (“Effort to ban head scarves in France sets off culture clash”, pg. 7A) cites demographic experts for the proposition that these factors could combine to make Muslims a majority in France within 25 years. By comparison, in California in 1970, Hispanics made up less than one-eighth of the total population; thirty years later they were up to approximately one-third (32.4%). Without some change in the trend, France will be a majority Muslim nation certainly by the middle of the century.
This creates two fears in France’s conservative population. First, it causes Francophiles to worry that the culture will be swept away by the growing Muslim population. France guards its “culture” zealously, even to the point of insisting on made up French words for things with perfectly good terms from foreign languages. Second, it raises the spectre of a democratic takeover by Muslim fundamentalists, or, worse, significant disturbances caused by fundamentalist organizations. Neither is a pleasant thought to much of the European population of the country.
The French are not starting at shadows in these fears. Algeria, original home to many of the Muslims in France, had to set aside democratic processes in 1991 to avoid allowing a fundamentalist party control of the government in the only attempt at free and fair elections since independence from France. It’s army no doubt had the example of Iran firmly in mind when it annulled the results and refused to allow the Islamic Salvation Front to take control of the legislature. While the roots of fundamentalism in Algeria take hold in a substantially more fertile soil there than presumably exists in France, this does not give much solace to French legislators who see aggressive attempts by fundamentalist Muslims to govern through imposition of sharia in other countries and cannot be certain the same would not occur in France.
France’s approach to the removal of religion from government is substantially different than the approach used in America. The French government often works hard to remove any trace of religion in political or governmental efforts. The bill in question is limited to the wearing of obvious religious symbols in the public schools, which are, of course, a governmental system. The secular nature of these schools is jealously guarded; fear that the Catholic church will attempt to impose Catholic principles through influence on curriculum or policy is the main motivator. As long as the wearing of skullcaps or turbans didn’t carry much political meaning, the central government didn’t worry too much about these displays of religious attachment. Presumably the government doesn’t consider the Sikh or Jewish population a threat to French culture.
Recent increase in the usage of the hajib has forced the government to turn its attention to the growth of Muslim fundamentalism in the country. While it is not clear that every schoolgirl who wears the hajib is an adherent to more fundamentalist Muslim principles, there is ample evidence that the increased usage reflects an attempt by some of the Muslim population to assert its “Muslimity.” As a spokesman for President Chirac said Wednesday the 28th, “The decision to ban conspicuous signs (of religion) in school is a decision that respects our history, our customs and our values.” In short, France will not let fundamentalist Muslims debate religion and foster growth of an un-French culture through what its people wear in school.
As Americans, we have a somewhat different opinion generally on the value of allowing different cultures to express their identity in public schools. Usually. Just don’t get started on the issue of prayer, the Ten Commandments, or anything else attached to basic Christianity in public schools. 
Still, while one can debate the positive or negative values of the French legislation, one cannot dismiss the motivating fears as baseless. And while we might object to the concept of homogenizing one’s culture, that concept is a pretty common concept in Europe, as numerous occurrences in the last decade have reminded us.
I object to the legislation for a different, and, I think, much more valid reason: it attacks a symptom, not the root cause. I liken it to the concept of requiring uniforms in public schools to avoid invidious cliques. Just as banning Tommy jeans from schools doesn’t stop the formation of cliques and gangs, banning headscarves won’t stop the growth of fundamentalist feelings in France. Indeed, I think it will tend to foster such feelings, by making the Muslim population feel further “put apon.”
Fundamentalist Muslim political efforts often rise out of a sense of powerlessness and helplessness. In France, Muslim immigrants often face the same socio-economic difficulties faced by immigrants to America initially, namely poverty, unemployment, discrimination and lack of political empowerment. Indeed, as noted in the USA Today story, first-generation female Muslim immigrants usually gave up the hajib in an attempt to become a part of their new country. They enjoyed the new freedoms enshrined for women in French culture. But as they suffer continued economic difficulties, second-generation Muslim girls and boys feel less prone to “adapt” to being French. True, some of the upswing in usage is caused by the assertion of authority by males in the society, but such an assertion is itself a reflection of increased desire to reflect a more basic Muslim culture. Banning the headscarf in school does nothing to reduce the pressures that yield such a desire. It won’t make the girls more “French.”
And, in the process, it complicates life for population groups that weren’t a concern previously. Not only will it affect older Jewish boys, it attacks a cornerstone of Sikh religious belief. The wearing of the turban is not some fringe issue, arguably not neccessary. It is fundamental to the profession of faith by a Sikh male. Christianity doesn’t even have a concept enshrined in its practices that can compare. A law that doesn’t correct the ills it addresses, and which causes ills as a collateral casualty, is a bad law.