A matter of mosque & state: a number of universities have installed footbaths for use by Muslim students. Is this a legitimate accommodation of a religious practice, or unconstitutional support for a particular religion?

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When pools of water began collecting on the floor in some restrooms at the University of Michigan-Dearborn, the problem was easy to pinpoint. More than 10 percent of the schools" 8,500 students are Muslim, and as part of the ritual cleansing required before their five-times-a-day prayers, some were washing their feet in the sinks.

The solution seemed straightforward. After talking with a Muslim student group, the university announced it would install $25,000 foot-washing stations in several restrooms.

But as a legal and political matter, that solution has not been so simple. When word of the plan got out this spring, it created instant controversy, with bloggers talking about the Islamification of the university and students divided on the use of their building-maintenance fees. And it raised tricky legal questions about whether the plan is a legitimate accommodation of students' right to practice their religion, or unconstitutional government support for a particular religion.

By some estimates, there are as many as 6 million Muslims in the United States. As the nation's Muslim population grows, largely as a result of immigration, issues of religious accommodation are becoming more common, and more complicated. Many public-school districts are grappling with questions about prayer rooms for Muslim students, halal food in cafeterias (food prepared in accordance with Islamic dietary laws), and scheduling around important Muslim holidays. As Muslim students point out, the school calendar already accommodates Christians, with Sundays off and vacations around Christmas and Easter.

ESTABLISHMENT CLAUSE

The Establishment Clause of the First Amendment--"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"--is the basis for the American concept of the separation of church and state. In recent years, there have been a number of battles over the presence of religion in public life: Should Christmas trees be allowed in public buildings? Should public schools be allowed to offer Bible classes or say prayers at graduation ceremonies?

"Starting about two years ago, school attorneys have been asking more and more questions about accommodations for Muslim students," says Lisa Soronen, a National School Boards Association lawyer.

Nationwide, more than a dozen universities have footbaths, many installed in new buildings. On some campuses, like George Mason University in Virginia, and Eastern Michigan University in Ypsilanti, Mich., there was no outcry.

"My sister told me about it, and I didn't believe it," says Najla Malaibari, a Muslim graduate student at Eastern Michigan. "It really is convenient."

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FAVORING ONE GROUP?

In Dearborn, the university calls the footbaths a health-and-safety measure, not a religious decision. And it argues that while the footbaths may benefit Muslim students, they will be available to others, like lacrosse players who want to wash their feet.

Still, the plans are controversial. "My first reaction was, 'Where's the money coming from?'" says Emily Hutfloetz, a senior. "I feel like it's favoring one group of people."

On her Web site, Debbie Schlussel, a lawyer and blogger in Southfield, Mich., wrote, "Forget about the constitutionally mandated separation of church and state ... at least when it comes to mosque and state."

Hal Downs, president of the Michigan chapter of Americans United for Separation of Church and State, says, "The university claims it's available for Western students as well, but, traditionally, Western students don't wash their feet five times a day."

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"They're building a structure for a particular religious tradition," he adds, "and the Constitution says the government isn't supposed to endorse a particular religion."

The American Civil Liberties Union says the footbath issue is complex.

"Our policy is to object whenever public funds are spent on any brick-and-mortar component of religion," says Kary Moss, director of the Michigan Civil Liberties Union. "What makes this different, though, is that the footbaths themselves can be used by anyone, don't have any symbolic value, and are not stylized in a religious way. They're in a regular restroom, and could be just as useful to a janitor filling up buckets, or someone coming off the basketball court, as to Muslim students."

Besides, Moss adds, the health-and-safety component is not normally part of religious accommodation cases.

"This came from the maintenance staff, which was worded about the wet floors," she says. "We were also aware that if the university said students could not wash their feet in the sink anymore, that could present a different civil-liberties problem, interfering with Muslim students' ability to practice their religion."

Dearborn's Muslim Students' Association did not ask for the footbaths, says Farhan Latif, a graduate student and adviser to the group. "The idea came from the administration, and we were consulted," Latif says. "And we were surprised at the hate mail that came in after it got into the media."

By Tamar Lewin in Dearborn, Mich.

Tamar Lewin covers education for The New York Times.

LESSON PLAN 3

CRITICAL THINKING

Have a student read aloud the First Amendment. What did the Framers mean by "establishment of religion"?

* Direct students to the discussion of recent battles over the First Amendment's Establishment Clause: Christmas trees in public buildings, prayer in public schools, etc.

* How is the footbaths issue similar? How is it different?

DEBATE

Note the argument of some Muslim students: that schools and colleges already accommodate Christians by having Sundays off and vacations around Christmas and Easter.

* Have students take sides on whether those schools should schedule time off to accommodate Muslim religious holidays or take other steps to accommodate Muslims and people of other religions.

DISCUSSION QUESTIONS

The American Civil Liberties Union says the footbaths issue is complex because the baths can be used by anyone. What do you think of this argument?

How would you respond to one of those who sent hate mail to the Muslim students after the footbaths issue became public?

Why do you think religious questions provoke such strong debate in the U.S.?

FAST FACT

Muslim prayers (Salat) are preceded by ablutions (wudu) of ritually washing of one's face, hands, and feet. When water is not available (as in some places in Arab countries), sand may be used.

WEB WATCH

http://usinfo.state.gov/products/pubs/muslimlife/

U.S. State Department site on "Muslim Life in America." Note more than 20 Links on the Left.

www.americanmuslims.info/archive.asp

Council on American-Islamic Relations ads published in The New York Times