Martha Nussbaum starts her discussion of burqa bans with her version of the justification for the free exercise clause of the US Constitution and freedom of religion in general. It’s a rather sentimental picture.
Let’s start with an assumption that is widely shared: that all human beings are equal bearers of human dignity. It is widely agreed that government must treat that dignity with equal respect. But what is it to treat people with equal respect in areas touching on religious belief and observance?
We now add a further premise: that the faculty with which people search for life’s ultimate meaning — frequently called “conscience” ─ is a very important part of people, closely related to their dignity.
The problem … Read the rest