Sunday, September 11, 2011
Anti-Shariah might be Anti-American
Tomorrow morning, the 10th U.S. Circuit Court of Appeals will make a critical ruling on the constitutionality of a measure that prohibits Oklahoma judges from considering Islamic law to settle cases.
Back in November of 2010, the state voted on a referendum proposing an amendment to the state constitution that would ban Islamic law. The referendum, also known as the “Save Our State Amendment”, passed with seventy percent voter support. Immediately after the election, Muneer Awad, head of the local chapter of the Council of American-Islamic Relations, filed a lawsuit claiming that the amendment disregards the establishment clause of the First Amendment. By condemning one religion exclusively, the government gives preferential treatment to other religions. U.S District Judge Vicki Miles-LaGrange agreed with Awad’s case and issued a preliminary injunction on the amendment, claiming, “the will of the ‘majority’ has on occasion conflicted with the constitutional rights of individuals.” Those in support of the anti-Shariah amendment have appealed this decision, arguing, “Just as Mr. Awad’s First Amendment rights are fundamental, so too are the voting rights of the 695,000 Oklahomans who voted in favor of State Question 755.”
Tomorrow’s crucial appeal decision raises the debate over two central notions of the First Amendment; the establishment clause and the right to free exercise of religion. If deemed constitutional, this amendment would render void any marital contracts or wills in Oklahoma that were drafted by Islamic religious guidelines based on the fact that they would require courts to consider Shariah law. Mr. Awad’s own will is one of these civil documents that be considered null.
In my opinion, this seems to fundamentally violate Mr. Awad’s basic right to “free exercise of religion.” Mr. Awad would not be able to formulate his will according to the direction of his religious conscience. There are circumstances in which restrictions are placed on an individual’s ability to practice their religion freely, however, these situations arise when religious practices cause substantial harm to others or in the case of state possessing a “compelling interest” to limit religious conduct. Yet within the compelling interest doctrine, the Supreme Court ruled in Church of Lukumi Babalu Aye v. City of Hialeah that a compelling interest cannot target a particular religious practice. This amendment fails to meet the compelling interest test as it exclusively targets Muslims, thus this is not a circumstance in which restrictions to an individual’s “free exercise of religion” is constitutional.
Furthermore, according to Justice Hugo Black in Everson v. Board of Education, the establishment clause means, “Neither a state nor the federal government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion.” The “Save Our State Amendment” explicitly violates the establishment clause by condemning Islamic law, essentially making it inferior to all other religions in the eyes of the government.
Those who support the amendment proclaim they have a “fundamentally political right to vote”, yet to me it seems irrational for one to believe they should be given the ability to vote on another’s civil liberties and constitutional rights. The Appeals Court will be making a decision on this case tomorrow, almost exactly 10 years after the September 11th attacks. That decision has incredible power. It has the power to highlight either the worst of American culture; the intolerant anti-Islamic sentiment that has permeated our society in the decade following 9/11... or to highlight the best of our culture; the promise of freedom that those throughout the world look onto as both a sanctuary and an inspiration.
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