About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

99 U. Det. Mercy L. Rev. 299 (2021-2022)
Is the Devil in the Details? Religious Objections to Biometric Technology in the Workplace

handle is hein.journals/udetmr99 and id is 317 raw text is: Is The Devil In The Details? Religious Objections To Biometric Technology In The Workplace JOHN G. BROWNING* I. INTRODUCTION The COVID-19 pandemic has brought issues involving bodily auton- omy into new focus. Whether one considers face mask mandates and what we put on our bodies, or vaccine mandates and what we put in our bodies, this issue has been front and center. A related subject, religious exemptions cited as grounds for opposing compulsory vaccination, has also received in- creased attention.' But there is another area in which legal challenges have been raised in support of bodily autonomy, challenges which are also based on deeply-held religious beliefs. At a time when our technological innova- tions are moving at a much faster pace than our legal system can address them, these legal challenges based on claimed religious exemptions can not only yield helpful insight into ongoing battles over vaccine mandates, but also help inform the debate over limits placed on bodily autonomy and, par- ticularly, bodily autonomy in the modern workplace. This article will begin with an examination of biometric technology generally, and the regulatory landscape governing this emerging technology. Biometrics have become ubiquitous: while there was a time when using a facial scan or retinal scan was something one would see in a Hollywood spy thriller or (in real life) only in highly-sensitive jobs dealing with top secret information, today biometrics have become increasingly common for con- sumers and in all kinds of businesses. If you've visited theme parks like * John Browning is the Distinguished Jurist in Residence and Professor of Law at Faulkner University's Jones School of Law, a partner in the Plano, Texas office of Spencer Fane, LLP, and a former Justice on Texas' Fifth District Court of Appeals. He has authored several books and numerous articles, including many at the intersection of law and technol- ogy. Justice Browning also serves as Chair of the Institute for Law & Technology at the Center for American and International Law. 1. Interestingly enough, in sharp contrast to some modern vaccination opponents' re- liance on religious grounds and criticizing the medical establishment, early in American his- tory the roles were reversed. For example, during the smallpox epidemic that struck Boston in 1721-one of the deadliest in colonial history-prominent Protestant leader Reverend Cot- ton Mather called for mass preventative inoculation. Virtually all the physicians vehemently opposed it, with some citing religious arguments like vaccination being an interference with God's will. See, e.g., Margot Minardi, The Boston Inoculation Controversy of 1721-1722: An Incident in the History of Race, 61 WM. & MARY Q. 47 (Jan. 2004).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most