Religion & American Law

Gender Discrimination and Islam - A Violation of Free Exercise

The separation of Church and State is an interesting idea to think about. While the first amendment outlines our right to exercise religion freely and restricts the state from establishing an official church, there have been countless instances where these ideals have been questioned. One issue that we have discussed recently in class is the state’s ability to intervene in religious affairs – i.e. determining the validity or sincerity of one’s religious beliefs, or taking action when those beliefs conflict with civil law. These are some of the issues I wish to discuss in this post.

In her article, posted on thedailybeast.com, Asra Q. Nomani tells of the recent controversy in a Washington D.C. mosque that has gained some public notoriety and a national following. She explains that a few weekends ago, Fatima Thompson and a number of other women defiantly prayed in the male-only section of The Islamic Center of Washington even though this practice went against many age-old gender rules of the Islamic faith. Normally, women are sequestered to an area apart from the men when praying, which is notoriously known as “The Penalty Box” to a growing number of Muslim women So, when a mosque official scolded the women and told them to move, they remained there in protest, as Nomani compared to the efforts of Rosa Parks during the Civil Rights Movement of the 1960s. Eventually the mosque called the police, and Officer Barry Goodman told the women they must leave. An excerpt from Nomani’s article sheds light on the Officer’s interaction with the women. The article reads:

‘“I’m not a Muslim. I’m just here to do my job” he said politely. “Ladies, this is how it works. You have to obey the rules of the church here… I’m sorry. The church or temple. However you want to call it. You have to obey the rules.” He continued: “If they ask you to leave. You have to leave.” Failure to leave, he pointed out, would be grounds for arrest for unlawful entry. He said: “I don’t want to do that.”’

I think that this situation raises a number of important questions pertaining to free exercise and state intervention. First, the fact that a church or mosque (or pretty much any other organization for that matter) can no longer discriminate against anyone because of their race, color, religious beliefs, and so on. Yet, within the confines of their religious sphere, these mosques are still allowed to shun women to a segregated area to pray because of gender-based religious precedents. So, here we have the question as to whether religious principles can overrule civil laws. I think this is a difficult question to answer, as there are a few different dynamics to think about. In contrast to some other situations where one’s free exercise of religion has been violated by a group or party (private or state) on the basis of their religious beliefs (i.e. Religious groups discriminating when choosing their leaders, Polygamy laws, etc.), this involves violations on the free exercise of religion for these women by their religious group itself. Is that okay? These women are being discriminated against by not being afforded the same (gender) rights, but also by not being able to pray how they wish. Some may say that this is a private religious organization that should be able to make their own rules, decide who takes on a leadership role, and who sits where when they pray. I am honestly not sure where I stand on this issue. Women’s rights within the Islamic faith have been a hot-button issue around the world, particularly in certain areas of the Middle East where women are clearly not viewed as equals to men. In the United States, however, these practices are illegal. I know that this may be more of a gender issue than a religious one on the surface, but I submit that this gender discrimination leads to a violation of their free exercise. The question now moves from whether these practices are a violation of the women’s rights to pray freely to what can be done by the state?

About : Raja CRN

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