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?

• Author: Lewin, Tamar
• Position: NATIONAL

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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...