Abstract

This paper addresses the central moral issues regarding the burka ban in a liberal society: the freedoms of religion and expression, women's liberty, gender equality, state neutrality and public safety. The paper argues that the ban is unjustifiable in a liberal society for the following reasons: (1) liberal institutions increase the likelihood of voluntary decisions, (2) a legal measure that promotes a controversial conception of liberty is an undue interference with liberty, (3) the ban overrides women’s judgment regarding their own interest rather than gives effect to it, (4) the principle of moral equality fails to support forced unveiling, and (5) the ban is discriminatory because it imposes a harsh burden on women by preventing religious observance.