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One Contested Sink

April 13, 2007

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There’s a plan, essentially, to install a basin. And a spigot.

And so the floodgates open.

Minneapolis Community and Technical College’s plan to install a washing basin where Muslim students can ritually wash their feet pre-prayer -- and potentially to use tax dollars to fund said sink -- came under fire Thursday after a Star Tribune columnist skewered the college for allegedly perpetuating a double standard in restricting Christian expression while facilitating Muslim prayer. The columnist Katherine Kersten describes a situation last year where “complaints and concerns” were raised when “[a] coffee cart that sells drinks and snacks played holiday music ‘tied to Christmas.’ ”

"College authorities quickly quashed the practice,” Kersten writes. “They appear to take a very different attitude toward Islam.”

The public scrutiny of course reflects a clash of cultures, particularly in a city with a growing Muslim population, where popular debate in recent months has focused on questions of whether Muslim taxicab drivers should have to transport passengers with alcohol and whether Muslim cashiers should have to scan bacon.

But beyond that, the plan to install a foot-washing basin also raises questions of church-state separation, and a college's need to remain neutral while accommodating a growing segment of the student body -- and in this case, at least, promoting safety.

“Over the last several years, as we’ve had increased immigration from folks from Africa and elsewhere who are also Muslim, we've found that their pre-prayer rituals, which include feet washing, often, have been an issue of concern with respect to safety,” says Phil Davis, president of Minneapolis Community and Technical College. Without a low-level washing facility available, students have typically resorted to placing their feet in the sinks of public restrooms, he says -- creating a hazard both for themselves and students who then have to cross a wet floor. About 500 of the university’s 11,000 students are Muslim.

“Recently, a student who was washing her feet in the sink fell and was seriously injured. That brought renewed attention to this issue. We said, 'Well, we think the most reasonable response, or at least a reasonable response, is to explore what kind of foot-washing resource we could provide to ensure the safety of our Muslim students and also those that come in behind them,' " Davis says.

At least 12 other public institutions offer foot-washing facilities to Muslim students, Davis says: A list provided by the college identifies California State University at Fullerton, the University of Houston, George Mason University, Harper Community College in Illinois and Eastern Michigan University, among others. “Our view is that we as a state agency cannot promote religion; we’re very clear about that," says Davis. "At the same time, students at colleges and universities in America have the right to freely express their religious beliefs.... We think we have the very same standard for all students. That is, for example, when student clubs and organizations that are officially chartered ask for college space, we make that space available to the extent it is available."

Yet, Barry Lynn, executive director of Americans United for Separation of Church and State, says that the Minneapolis college is in the wrong in this case. “I don’t think the constitution permits you buying an item or building a facility used exclusively by one religious group,” Lynn says. While President Davis says it’s unclear whether or not the college will end up using tax dollars to install the facility, Lynn says the college could risk breaching the separation between church and state regardless. "You'd have to show a willingness to open up whatever the space is, or a comparable space, for other items for religious use," he says, referring to an ever-expanding standard of accommodation the college would have to meet if officials install a foot-washing basin for Muslim students. "Then you’d probably have to open it up to items for secular use."

“If somebody wanted to put up a waterfall for peace or something, just some water flowing over a rock ... once you open what’s called a limited public forum, a part of a government facility for the placement of one item, you’re really literally opening the floodgates for everybody else to insist that their item be placed there as well,” Lynn says.

Ibrahim Hooper, spokesman for the Council on American-Islamic Relations, disputes concerns that installing washing facilities at public universities would violate the separation of church and state. “It’s not a promotion of a particular faith. People aren’t saying, ‘Oh, become a Muslim so you can use this faucet.’ It’s an accommodation of existing students," he says.

“By offering this reasonable accommodation, I think the college is sending a positive message to the Muslim students and just making it easier for all parties concerned,” Hooper says. “We see a disturbing trend now when any accommodation of Muslims in American society brings the wrath of anti-Muslim extremists who seek to marginalize the Muslims in America.”

Davis says that the college is still in the early stages of pursuing the plan. Its officials still don't have a cost estimate, but expect any facility to be "cost effective," he says. Officials are looking to other institutions with these facilities in place for guidance.

Meanwhile, Davis says, the board of trustees for the Minnesota State Colleges and Universities system has requested an update on the project at its meeting next week.

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Comments on One Contested Sink

  • Use?
  • Posted by Quizzical on April 13, 2007 at 8:00am EDT
  • If anyone who choses can wash their feet, why is this not like the basin to wash hands? No religious restriction need be attached to the location or use of the sink. Is the plan to put it in the bathroom for all to use or will Muslims protect its use?

  • Posted by TM on April 13, 2007 at 9:43am EDT
  • It might be worth looking into an article that was recently published at the Washington Post titled "Muslim's Lawsuit Alleges Humiliation". http://www.washingtonpost.com/wp-dyn/content/article/2007/04/09/AR2007040901256_pf.html
    The comments that readers have posted in response can also be instructive.

  • Feet washing
  • Posted by David on April 13, 2007 at 9:59am EDT
  • What's wrong with going to the locker room and using the shower facilities to wash their feet rather than washing feet in a sink?

    Seems disgusting and dirty to do that in a sink.

  • Use Doesn't Matter
  • Posted by Craig C , political pundit at http://blogresponder.blogspot.com on April 13, 2007 at 11:11am EDT
  • Theintent of the use of the cistern is what matters. The fact that the university admits what the reason is for the use of tax dollars should be enough to make this go away. After all, how much did it cost, (in taxpayer dollars) to play the Banned Christmas Music?

  • Strange Biases
  • Posted by B.A. on April 13, 2007 at 11:15am EDT
  • It's interesting to me the way foot-washing in a sink is considered "dirty and disgusting". If you are wearing clean socks, which it's safe to assume most people do, then your feet will always be a good deal cleaner than your hands. Our hands touch money and dirt and porous surfaces crawling in germs. Grit and grime accumulates under our fingernails. And the fact of the matter is that many people simply rinse their hands in the bathroom, rather than using soap and warm water and actually scrubbing them. Basically, our hands are the filthiest parts of our bodies.

    Before we denigrate a practice, we must remember that our views about what is clean and dirty are deeply tied to our culture. It's fine to feel uncomfortable with the pracitce of foot-washing in a sink, but it's silly to denigrate the practice as disgusting without examining the source of our discomfort. The discomfort has little to do with actual cleanliness, and more to do with our society's strange opinion that feet are yucky.

  • Don't Do It!
  • Posted by Connie R. on April 13, 2007 at 11:20am EDT
  • It is absolutely a promotion of the Muslim religion to install these basins particularly for use in observance of their religious practices. It will be viewed moreso as a promotion of their faith as opposed to a reasonable accommodation. Additionally, it will open the floodgates, as one person has spoken. It would be wise for the university officials to see how the decision has faired at the other universities and the logic that was considered in making the decision, but they should not make the final decision on whether to install based solely on the other universities' results. Overall, I think it is simply a bad (and unfair)idea.

  • here's an interesting question...
  • Posted by kh on April 13, 2007 at 11:25am EDT
  • If they say this sink is not just for Muslims, and anyone can use it, can I use it to wash my hands after eating my ham sandwich?

  • Wrong Argument
  • Posted by Brian on April 13, 2007 at 12:10pm EDT
  • Washing and praying is a central tenant of Islam. Christmas music on a candy cart is not a central tenant of Christianity. These are not the same argument. I work in an institution that has a washbasin. It is a powerful sign of tolerance and respect for a minority group. Non-muslin students always ask what the ‘shower’ is for, and are always surprised to find out. They learn something. God forbid we expand students’ comfort zone using tax dollars.

  • Posted by Suzanne on April 13, 2007 at 12:10pm EDT
  • Just one question. When are the holy water and baptismal fonts being installed?

  • Unfair?
  • Posted by Geoff on April 13, 2007 at 12:15pm EDT
  • Connie,

    I do not see how installing a washbasin that is nearer to the floor so that students can safely wash their feet is a promotion of the Muslim religion instead of a reasonable accommodation. What exactly is unreasonable or unfair about this idea?

    This seems to me a very reasonable chain of events:
    1) A student injured themselves after attempting to wash their feet in a sink that is intended for washing hands.
    2) The college wonders why they were washing their feet in the sink and learns the reasoning behind the action.
    3) The college asks, “Is there a way that we can address this issue? How have other campuses addressed this issue?
    4) The college examines whether it is feasible to install a new sink/washbasin lower to the ground and decides that it is feasible to do so.

    If this involved a promotion of the Muslim faith I think that the above plan would include a big sign above the basin that outlined why the Muslim faith is way cooler than any other religion.

    Instead this seems like a small convenience for a group of students that is relatively inexpensive and will help prevent any further injuries. At least they are not asking for the school to rearrange all of their semester and spring break periods to coincide with major Muslim religious holidays. Then we would know that the Muslim students were going too far indeed.

  • Shower vs. Sink
  • Posted by EG on April 13, 2007 at 12:50pm EDT
  • David, I imagine it's hard to wash one's feet in a shower without getting water on one's clothing or simply taking a full shower and washing feet in the process. Probably most people's feet are just as clean (if not cleaner, since they're protected by shoes and socks) than our hands are, which touch many dirty things (door handles, money, classroom desks, etc.)

  • Posted by Stephen Downes on April 13, 2007 at 12:55pm EDT
  • The danger of respecting religion is the seemingly endless intolerance that members of one religion may have for another.

    Just so, the responses opposing the installation of the foot-washing basin for Muslims seem petty and mean-spirited.

    I see no shortage of accommodation for religions on and off campus, from professors wearing rings and crosses and headgear to chapels and churches and cathedrals.

    So there is no inconsistency inherent in providing Muslims with a way to wash their feet (members of other religions may find this useful as well).

    People who oppose the deployment of religious symbolism and artifacts in public spaces are not opposed to public displays of religion, contrary to how such objections are portrayed.

    They become opposed when the display demonstrates some sort of religious exclusivity, an intent to favour one religion over others.

    In this light, the foot-washing basin passes the test, because it is not in any way exclusive. It may respect a certain form of cleanliness other religions may wish to forbear, but it generates no exclusivity or climate of exclusion.

    The opponents of the installation, however, fail the test, for the net result of their protests is not an environment of greater tolerance and understanding, but rather one in which religious exclusivity is practiced, and people of some faiths feel unwelcome.

  • One Contested Sink
  • Posted by G. Davis on April 13, 2007 at 3:00pm EDT
  • How many sinks will be necessary from a state supported school to demonstrate (nonreligous) support for students? One in each building? One next to every existing sink? If the issue is what is truly important to the student and not based upon religious motivations, how must schools respond when selected students ask that classes not be offered at prayer time?

  • Basin
  • Posted by Timothy on April 13, 2007 at 4:31pm EDT
  • Does anyone actually believe that if a non-Muslim used this basin, there would not be an outcry? Perhaps the constitutional problem could be avoided by having the Muslin Student Association pay for the basin.

  • Basin
  • Posted by Michael F. SHaughnessy on April 13, 2007 at 4:31pm EDT
  • I wonder what the Constitution of the United States has to say about this..or what our founding fathers would have to say....

  • Founding Fathers
  • Posted by Andy on April 13, 2007 at 7:41pm EDT
  • They would probably be amazed at so much silly fuss over a basin. It is a reasonable accomodation to a minority of the students who wish to practice their faith.

    Banning the Christmas carols also sends silly, imho, but I don't know the full story behind that.

  • Basin
  • Posted by Ben on April 13, 2007 at 7:41pm EDT
  • My experience with public toilets tells me I wouldn't feel any cleaner after taking off my shoes and washing my feet--and trying to dry them under a warm-air blower--after standing on a dirty tile floor to accomplish this. While I do sympathize with their plight, such slightly obsessive behavior seems more dangerous than productive, in this instance. And shouldn't these basins be nearer the prospective place of prayer, anyway, for safety's sake?
    Note to the previous writer, it's "central tenet"--and "non-Muslim"...

  • Posted by disgusted , is bigotry patriotic? on April 13, 2007 at 7:46pm EDT
  • It's amazing how so-called patriotism translates into bigotry for so many people, even in higher ed. Does anyone even consider that their hate only causes more people to join the violent extremists? If you tell people that they are your enemy, they are more likely to become one.

    On the wash basin: No one is asking for a muslim-only wash basin. These people have been washing their feet in the regular basin that every one else has been using. The only difference here is that it would be closer to the ground so that people won't slip. If you want to eat a ham sandwich and then get down on your knees to wash in a lower washbasin then have at it. It would be nice if you'd leave the sink clean when you are done, but other than that why should anyone care? I expect there will be people washing muddy feet on rainy days as well.

    Why does a simple thoughtful act by an institution have to generate so much hateful speech? As an American born citizen and Muslim I am appalled to see what is happening to so many people in this country.

    I have no power, and little influence, over people in other countries. Yes, I find the actions of many foreign governments and groups (Muslim and otherwise) appalling. While I can complain and sign petitions (and do), I can't vote for their governments and have no rights to change things there. I do vote here and should have the rights and responsibilities of any other U.S. citizen. It doesn't seem too much to ask for, does it?

  • Use of Basin
  • Posted by Quizzical on April 13, 2007 at 7:46pm EDT
  • How marked and restricted use is the test it seems after consideration of prior comments and article. To put the question to the extreme test:

    What happens when a Muslim sees another use it for a urinal?

  • Posted by Muhammad Eissa on April 13, 2007 at 9:20pm EDT
  • While I am not against the plan to install a foot washing basin for whatever reasons sighted, I would like to attract the attention of Muslim readers, as well as non-Muslims interested in the subject, to three things: 1) Practicing Muslims would normally leave home having prayed and keeping their ritual ablution valid. In case the ablution needs to be renewed, it can be done without the need to wash the feet again, provided that the person has kept wearing the same socks or shoes while keeping a valid ablution. S/he is permitted to fulfill the feet-washing requirement by simply wiping over their socks and/or shoes. This act is referred to as al-masH `ala al-khuffayn. This act of wiping is also permitted when the person had to have a cast covering an injured or broken limb; 2) It is integral to Islamic teachings that a Muslim should not expose himself/herself to danger of any sort, especially for the sake of performing ritualistic acts. God has been overly forgiving and understanding when it comes to His rights more than when it is the right resulting from inter-human transactions; and 3) Such kind of basin would rarely be found in wash rooms in the great majority of educational institutions, places of work or even in the homes of Muslims in the majority of Muslim countries.

    I grew up in one of the largest Muslim countries in the Middle East and attended religious schools throughout my educational career and can not recall that any of the classroom buildings were equipped with specially designed basins for washing feet except in the washing section of mosques.

    I consider the decision behind the plan to install a special type of basins for the convenience of Muslims as a demonstration of the spirit of tolerance and the kind of freedom American citizens enjoy and take for granted. But I also think that the college may be worried more about its insurance policy and lawsuits than just satisfying a request of an interest group.

  • Posted by kim@cs.pomona.edu on April 15, 2007 at 6:30am EDT
  • Quizzical asked:
    What happens when a Muslim sees another use it for a urinal?

    The answer:
    The same thing that would happen if you came into a restroom and saw someone urinating in a sink.

  • Posted by Adrian J. Seath on April 15, 2007 at 1:50pm EDT
  • I think the issue should be approached in the same way as, say, a Hillel group that wanted to build a Kosher kitchen on a state university campus: the school should help find a reasonable space and take whatever steps are necessary to make sure the object's function (whether kitchen or sink) is respected. But it should be up to the Muslim students to organize and raise money for the installation rather than the university taking the responsibility on itself.