Mom, daughter say driver's license pic is 'graven image'A MOTHER and daughter who were refused drivers licences because they would not allow themselves to be photographed for religious reasons were not discriminated against, a tribunal has found.
The Queensland Civil and Administrative Tribunal, in a just-published decision, dismissed complaints of discrimination made by Sunrise Eliza Kayah Celeste Emanuel and Mimi Yahjah Emanuel (previously known as Wilhelmina Maria Anthonia).
The pair had claimed they had been discriminated against when the Queensland Government's Transport Department refused to issue them with licences when they declined to be photographed - a statutory requirement.
QCAT member Robert Wensley, QC, in a decision handed down late last year but only published this week, said the Emanuels claimed the refusal of Queensland Transport to issue them with licences due to their religious beliefs was a breach of the Queensland Anti-Discrimination Act 1991.
Mr Wensley, in his 21-page judgment, said: "Each of these ladies complains that they have been unlawfully discriminated against because the State of Queensland has refused to issue them with driver licences because they declined to allow themselves to be photographed."
"Each (woman) says that she cannot agree to having her photograph taken for this purpose because her religious beliefs prevent it, the taking of a photograph being in direct violation of God's Second Commandment."
The Second Commandment: Thou shalt not make unto thee any graven image, or any likeness of any thing that is in heaven above, or that is in the earth beneath, or that is in the water under the earth. (Source: Wikipedia)
The women's complaint arose when they changed their names, legally, and attempted to have their existing drivers licences reissued, the tribunal was told.
"Queensland Transport refused to do this, when the ladies said that they could not have their photographs taken because of their religious beliefs," Mr Wensley said.
The pair, in presenting their case to the tribunal, tendered a copy of the Holy Bible in support of their argument.
"(They also tendered) a copy of a book written by Mrs Mimi Emanuel called 'Who's on the LORD's side', which deals in some detail with Mrs Mimi Emanuel's study and understanding of the Second Commandment," he said.
However, Mr Wensley dismissed the pair's complaint, saying it was reasonable for photographs be on licences.
"I conclude that the imposition of the requirement, to have a photograph on a Queensland driver licence, is a reasonable one in all of the circumstances," he said.
"Therefore, the claims of indirect discrimination must fail."
http://www.news.com.au/national/mother-and-daughter-argue-second-commandment-should-preclude-them-from-drivers-licence-photos/story-fndo4ckr-1226499211021