Renae Barker* REBUTTING THE BAN THE BURQA RHETORIC: A CRITICAL ANALYSIS OF THE ARGUMENTS FOR A BAN ON THE ISLAMIC FACE VEIL IN AUSTRALIA A BSTRACT The re-emergence of the ban the burqa campaign in Australia and the short-lived Commonwealth parliamentary ban on the wearing of face coverings in Parliament House highlight the ongoing hysteria surround- ing the veil and the dangers of responding to that hysteria. This article critically examines the arguments put forward in support of a ban on the burqa. Arguments examined include that the wearing of a full face veil is not a religious requirement in Islam, that the veil is oppressive to women, that it is un-Australian, that the veil poses a security risk, that a ban is necessary for facial identification and that banning the veil is consistent with Australian society’s treatment of other forms of face covering. The article concludes that these arguments do not provide a justification for a ban in Australia, either alone or in concert. Further, it demonstrates that many of the arguments put forward in support of a ban are counterpro- ductive and contradictory. It argues that instead Australia should strive to identify where limited restrictions may be necessary and that any restric- tions on the wearing of the face veil should be as minimally invasive as possible. I I NTRODUCTION I n the wake of the rise of the terrorist organisation Islamic State (IS), 1 Muslims around the world have become the target of vitriol by private individuals, public officials and states. 2 Similar reactions were seen in the aftermath of the * BEc LLB (Murd), PhD (UWA), Lecturer, University of Western Australia Faculty of Law, Honorary Research Fellow Centre for Muslims States and Societies. An early version of this paper was presented at a public lecture for the Centre for Muslim States and Societies at the University of Western Australia in October 2014. The author would like to thank the participants in that forum for their participation, feedback and comments. 1 Also known as ISIL, ISIS and Daesh among others. 2 Heath Aston, ‘Dozens of Anti-Muslim Attacks as Islamic Leaders Warn of Community Fear’, The Sydney Morning Herald (online), 9 October 2014 <http://www.smh.com. au/national/dozens-of-antimuslim-attacks-as-islamic-leaders-warn-of-community- fear-20141009-113tmk.html>.