The purpose of this essay is to highlight a latent threat to religious freedom in the post-9/11 environment. In the absence of state laws that track the language of the Religious Freedom Restoration Act of 1993, state legislatures motivated by anti-Muslim bias can harm religious minorities by enacting facially neutral and generally applicable laws that forbid headcoverings in driver license photographs. If such laws are enacted, individuals who wear religious headcoverings can be forced to choose between religious freedom and valid identification cards, without which travel and economic transactions become exceedingly difficult.
How State Photo Identification Standards Can be Used to Undermine Religious Freedom,
19 Asian Am. L.J. 185
Available at: http://scholarship.law.berkeley.edu/aalj/vol19/iss1/8