On May 7, a devout Muslim was called to give testimony in her ex-boyfriend’s criminal case. He was charged with assaulting her and with domestic violence.

What would have been a tragic but routine moment in the justice system took an unexpected twist when the defense asked the judge to order the victim to remove her niqab, the religious attire that completely veils the face except for the area around the eyes. Some Muslim women wear it in places where they may encounter men who are not members of their family.

The defense argued that allowing the victim to testify in her niqab would violate their client’s constitutional right to confront their accuser and deny the jury critical demeanor evidence to help them assess her credibility. It was a smart tactic, one used in many different cases, to put the victim in the difficult position of having to choose between her religious convictions and her desire for justice. If she refused to testify, it would have led to a dismissal of the case.

While governments often resist claims for religious accommodations, in this case, the prosecution argued that forcing the woman to remove her niqab would violate her right to practice her religion.

Today, the banner of religious freedom is being raised all over the country, encouraged by a Supreme Court that has given priority to religious values even when they conflict with other constitutional norms.

In each case, religious liberty must be balanced against other values. That means that the front lines in the battle over religion and its place in society will be........

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