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Justice

Kansas Legislature Passes Discriminatory Anti-Muslim Bill By Calling It A ‘Women’s Rights’ Issue

Frank Gaffney warning of Sharia

Last week, the Kansas Senate became the latest state to enact a discriminatory measure against Muslims in America by passing a so-called Sharia ban. The bill goes before Gov. Sam Brownback (R-KS), who has not indicated whethere he will sign or veto it.

Oklahoma passed a Sharia ban by ballot in 2010, but that measure has been deemed facially unconstitutional by the courts because it specifically targets Muslims for discrimination. Because of Oklahoma’s experience, state legislatures are moving bills that are more oblique about their discriminatory intent. South Dakota, Louisiana, Arizona, and Tennessee have all passed laws that ban “foreign law in American courts” and don’t mention Muslims or Sharia by name.

Kansas’ proposed anti-Muslim law also similarly asserts it is about promoting “American law for American courts.” (Note: the Constitution already establishes this in its Supremacy Clause.) As Kansas Republican state Sen. Chris Steineger noted, the measure was “presented” to him as a bill specifically targeting Muslims:

But Sen. Chris Steineger, R-Kansas City, said a marketing campaign by supporters of the bill inundated him with materials that “explain why sharia law is coming and Muslims are trying to take over America.”

“I thought that was quite ludicrous at the time, and I still do,” Steineger said. “I pointed this out, because this was not presented as protecting the Kansas Constitution. The proponents of this measure, clearly by the literature they gave me and by the video link they directed me to, they presented this as protecting us against sharia law. Despite the fact that this doesn’t mention sharia, that’s how this whole issue was presented.”

Indeed, Kansas was bombarded by anti-Sharia emails and letters from out-of-staters. The bill’s sponsors and advocates proclaimed that it was really about protecting “women’s rights.” The bill helps “women know the rights they have in America,” said sate Rep. Peggy Mast (R). “To me, this is a women’s rights issue,” said Sen. Susan Wagle (R). Nevermind that these same legislators have been engaged in a war against women’s health, Planned Parenthood, the right to choose, and so many other far more relevant “women’s rights” causes.

Right-wing legislators have been pushing Sharia bans across the country; roughly 20 other states are also considering similar legislation. The anti-Sharia legislative movement was spawned by David Yerushalmi, an influential Islamophobic lawyer who we profiled last year in Fear, Inc.

The anti-Sharia movement continues despite the fact that no evidence has been provided that there is any threat that a Sharia takeover is occurring. Kansas Republican state Sen. John Vratil “said he quizzed the bill’s supporters on when a Kansas court had ever based a decision on sharia law and had yet to be provided with an example.” As Vratil asserted, “Ladies and gentleman, this is a solution in search of a problem.” True, unless you are someone who views the increasing presence of Muslims in America as the problem.

Justice

Kansas State Senators Flooded With Out-Of-State Anti-Sharia Emails

Anti-Muslim Activist Frank Gaffney

More than twenty state legislatures are considering bills that ostensibly prohibit judges from following foreign law, but which are actually part of a nationwide Islamophobic campaign to combat the nonexistent problem of American courts relying on Sharia law. As the Topeka Capital-Journal explains, however, this effort has been much less effective in convincing Kansas lawmakers’ actual constituents to support an anti-Muslim bill than it has been in simply harassing those lawmakers with out-of-state emails:

“I had a large number of emails — like in the thousands — during the last couple weeks of session (before the current break),” said Sen. Jeff King, R-Independence.

King said he had to instruct his assistant to funnel them into a separate folder and further separate the emails that actually came from his constituents, which he said narrowed the number to “dozens.”

Sen. Tim Owens, R-Overland Park, recently said his inbox also was full of anti-Sharia emails, most of them from out-of-state.

It’s really no surprise that there aren’t many actual Kansans worried about the threat of creeping Sharia. As ThinkProgress previously explained, a judge is about as likely to replace American law with “the laws of ancient Rome or the Advanced Dungeons and Dragons second edition rules” as they are to suddenly decide to embrace Sharia law.

Yet, while the anti-Sharia bills being pushed by national Islamophobes are completely unnecessary, that does not mean that they are harmless. Initially, anti-Muslim activists pushed bills and ballot initiatives that expressly forbade the courts from applying Islamic law in any circumstance. This kind of law is unambiguously unconstitutional, and it fared poorly in federal court. So the latest round of anti-Sharia bills have removed expressed references to Sharia or Islam, and they have expanded their scope to include bans on other foreign law.

These bans, however, can have serious consequences for a state’s businesses and for non-Muslim residents. Businesses frequently contract with foreign companies to resolve their disputes according to foreign law, which is why business groups came out against a Virginia anti-Sharia bill to prevent it from hurting their ability to do business overseas. Similarly, a Florida anti-Sharia bill’s overbroad language likely would have prevented Florida courts from enforcing many Orthodox Jewish divorces.

And for all the anti-Muslim lobby’s effort’s to save their pet bills from unconstitutionality by not being entirely candid about what these bills are intended to accomplish, their efforts are likely to amount to nothing. As the Supreme Court held in Church of Lukumi Babalu Aye v. Hialeah, the Constitution forbids laws that “regulate[] or prohibit[] conduct because it is undertaken for religious reasons” — even if the law banning religious conduct is written without referencing a particular faith.

Justice

The Seven Craziest Positions Of Senate Candidate Sam Rohrer (R-PA)

U.S. Senate candidate Sam Rohrer (R-PA)

U.S. Senate candidate Sam Rohrer (R-PA)

Former Pennsylvania State Rep. Sam Rohrer (R) is leading the GOP field for his party’s nomination for U.S. Senate, according to the latest PPP poll. He is seeking the right to challenge Sen. Bob Casey Jr. (D) in November.

But Rohrer holds some downright crazy views on American politics and the role of government — arguing that the federal government has only three roles, suggesting that voters should no longer be trusted to elect their own U.S. senators, and even once likening drivers’ licenses to slavery.

Here are seven of his most outrageous statements:

Since his proposed repeal of the 17th Amendment is not yet a reality, on April 24, Republican primary voters get the chance to decide whether they share Rohrer’s radical positions. Rohrer had just better hope none of them have to take a federal highway to get to the polls.

Justice

South Dakota Governor Signs Unconstitutional Anti-Muslim Bill

Gov. Dennis Daugaard (R-SD)

Yesterday, South Dakota Gov. Dennis Daugaard (R) signed an unconstitutional law that purports to target courts applying religious law, but which is almost certainly part of a broader push by Islamophobic advocates to fight the imaginary problem of courts substituting Islamic law for American law. The brief bill Daugaard signed provides simply that “[n]o court, administrative agency, or other governmental agency may enforce any provisions of any religious code.”

Although this bill does not specifically call out any particular religion for ill treatment, it violates the Free Exercise Clause of the Constitution. As the Supreme Court explained in Church of Lukumi Babalu Aye v. Hialeah, “the protections of the Free Exercise Clause pertain if the law at issue discriminates against some or all religious beliefs or regulates or prohibits conduct because it is undertaken for religious reasons.”

While it is uncommon for American courts to apply religious law, it is not unheard of. Private parties sometimes enter into contracts where they agree to resolve their disputes under something other than U.S. law, and individuals sometimes write wills devising their property according to the tenets of their faith. Under the bill Daugaard signed, however, courts will be allowed to enforce contracts requiring disputes to be resolved under French law or ancient Roman law or under the Advanced Dungeons and Dragons second edition rules, but they won’t be allowed to enforce contracts requiring disputes to be resolved under the requirements of someone’s religious beliefs. This is discrimination “against some or all religious beliefs,” and is therefore unconstitutional.

Security

Florida Anti-Sharia Legislation May Outlaw Orthodox Jewish Divorces

David Yerushalmi

A Florida Senate panel’s hurried decision last week to pass a measure banning the use of Sharia law may, in practice, serve to prevent Orthodox Jewish couples from using Jewish religious courts to arbitrate their divorces.

The bill, the Application of Foreign Law in Certain Cases, is likely to pass the Florida Senate and, according to The Jewish Daily Foward’s Paul Berger, Florida Governor Rick Scott is expected to sign the bill into law.

The language of the bill is largely modeled after a wave of legislation targeting Sharia, traditional Islamic law, that has swept the country in recent years as part of an organized Islamophobia campaign, detailed in the Center for American Progress’s report Fear Inc.: The Roots of the Islamophobia Network In America. But the Florida bill — styled on model legislation drafted by David Yerushalmi, an Orthodox Jew who lives in New York — may have the unintended consequence of severely limiting the ability of Orthodox Jews to employ arbitration from Jewish religious courts in divorces.

The Florida bill states that arbitration is unenforceable if a tribunal bases its ruling on a “foreign law, legal code or system” that does not give people the same rights as Florida or U.S. Constitutions. Speaking to The Forward, Anti-Defamation League attorney David Barkey warns that the bill will affect Jews seeking divorces in accordance with rabbinical courts.

Barkey explains that because only a man can grant his wife a Jewish divorce, rabbinical courts could be seen as violating state and federal equal protection principles. “Any abritration or ruling based on such a law is, per se, invalid,” said Barkey. Orthodox couples frequently arbitrate divorces in accordance with rabbincal courts and, after agreeing to the terms of their divorce, petition a civil court to make the ruling a binding judgement.

Islamic and Jewish groups, as well as the American Civil Liberties Union, challenge that the bill targets Islam, but the bill’s sponsors insist that’s not true. Both the Council on American-Islamic Relations and the Orthodox Jewish umbrella organization Agudath Israel of America have vowed to fight the bill.

“The notion that secular judges are being asked to decide whether religious law does or does not conform with ‘fundamental liberties’ is an intrusion on religious freedom and could be a dangerous precedent for more far-ranging efforts in the future that might well impact our community,” warned Agudath’s vice president, Rabbi David Zwiebel.

The American Jewish Committee’s general counsel, Marc Stern, slammed the bill as “all smoke and mirrors” in an interview with The Forward. “It’s a trap for the unwary and nothing more. But I know it will be seen as another great victory in suppressing extremist Islam,” said Stern. “It’s nothing of the sort.”

Justice

Florida House Passes Anti-Sharia Law Within A Day Of Passing School Prayer Law

At a time when the national political debate is dominated by questions of religious freedoms, dueling headlines on the Miami Herald’s website underscore how self-described defenders of faith are often only interested in promoting freedom for some and not for all

Yesterday, within the span of 24 hours, the Florida House passed a bill to allow prayer in public schools and another to crack down on the supposed threat of Sharia law.

In a lopsided 88-27 vote, the chamber okayed a bill to allow any student to deliver “inspirational messages,” including religious prayers, at public-school events. “Look at what just happened in Ohio,” one lawmaker said, referencing the recent school school shooting there. “The kids need to have prayer at school.” Another explained the need by citing the “sex, gambling and all of the moral decay that’s on our televisions and radios.”

The ACLU and Anti-Defamation League believe the bill violates the separation of Church and State and have threatened legal action. Meanwhile, the other bill bans the use of “foreign law,” with an implicit focus on the supposed dangers of Sharia. When asked, the bill’s sponsor couldn’t point to a single cases in Florida in which a judge ruled on Sharia, but said the state needs to “jump in front of the problem.”

Civil libertarians and Jewish lawmakers are also outraged by the measure, as it may “void divorces mediated through Jewish tribunals.” The Anti-Defamation League (ADL) in Florida is fighting back. “The alleged threat of Islamic or other religious or foreign law to Florida’s court system is completely illusory, and the Senate’s consideration of this measure is an unwise use of resources,” said ADL’s Andrew Rosenkranz.

Carin Marie Porr, of the Florida Bar Association, pointed out that Florida law “already refuse to support the laws of another state or country that contradicts our public policy,” saying the anti-Sharia bill “clearly goes against the fundamental rights of the people of Florida.”

While neither bill explicitly targets any religion, the school prayer bill was pushed by evangelical Christians and will likely be used by them most, while the anti-Sharia law clearly targets Muslims and may be based on xenophobia.

Security

After Deliberating For Three Minutes, Florida Senate Panel Approves Anti-Sharia Bill

A Florida Senate panel approved a measure to ban the use of Sharia law in the Sunshine State yesterday after deliberating for just three minutes and turning dozens away who sought to give their testimony.

SB 1360, which already passed the Senate Judiciary Committee, was approved by the Criminal and Civil Justice Appropriations Subcommittee on Tuesday by a 5-2 vote. A concurrent anti-Sharia bill in the House was also sent out of committee last week and will be voted receive a floor vote in the next few days.

The proposed legislation, which would ban the use of “foreign law,” is drawing ire not only because it’s been used as a way to attack Muslims in this country, but also because it could have a number of unintended consequences. As the Orlando Sun-Sentinel notes, many Jewish groups are calling the legislation discriminatory against them as well:

Andrew Rosenkranz, regional director for the Anti Defamation League, said that the decisions of Jewish tribunals called Bet Dins, which often handle divorce proceedings, are often converted into civil divorce decrees by the courts. But under the Senate bill, and another ready for a vote by the entire House, an observant Orthodox couple would “effectively be barred from following their faith and using a Jewish tribunal to dissolve their marriage,” he said.

“The alleged threat of Islamic, other religious or foreign law to Florida’s court system is completely illusory, and the Senate’s consideration of this measure is an unwise use of resources,” Rosenkranz said, adding that both the Florida and U.S. constitutions “already prohibit the unconstitutional application of foreign law in the courts.”

But neither representatives from the ADL [Anti-Defamation League] nor about 50 Muslims who were visiting Tallahassee as part of Muslim Day at the capital were allowed to speak at the meeting, which had more than 20 bills on the agenda and started late.

In 2011, Florida Republicans tried to pass an anti-Sharia bill, but it failed to gain approval. Proponents are hopeful they will gain enough support this year.

Last month, a similar Sharia ban in Oklahoma was ruled unconstitutional by the 10th Circuit Court of Appeals. Nevertheless, a number of states like Florida are pushing forward. Just two months into 2012, 22 states have introduced anti-Sharia bills.

To learn more about what Sharia law actually is (and is not), read this Center for American Progress primer. Also check out CAP’s report Fear, Inc.: The Roots of the Islamophobia Network in America to read about the players behind state anti-Sharia bills.

Security

FBI: Center For Security Policy Sharia Report Made ‘Unsubstantiated Assertions’

Center for Security Policy president Frank Gaffney finds himself increasingly isolated from the mainstream Republican party. Last year, Gaffney was barred from CPAC after accusing Suhail Kahn, who directed Muslim outreach efforts for the Bush White House, and anti-tax activist Grover Norquist of being moles for the Muslim Brotherhood. And last month, Edward Meese, a former Reagan administration Attorney General and Ronald Reagan Chair in Public Policy at the Heritage Foundation, slammed Gaffney and his allies for disparaging Muslim Americans “solely because of their religion or their background when there’s no basis for it.”

But Gaffney, who has said “it is now public knowledge that nearly every major Muslim organization in the United States is actually controlled by the MB [Muslim Brotherhood] or a derivative organization,” doesn’t hold much credibility with the Federal Bureau of Investigation (FBI).

As part of a September 2010 Senate Homeland Security committee hearing, “Nine Years After 9/11: Confronting The Terrorist Threat To The Homeland,” the FBI issued written responses to questions posed by committee members. Sen. Joe Lieberman (I-CT) issued the following question to the FBI (see page 123-123 in the PDF):

LIEBERMAN: What is your perspective on the Center for Security Policy’s recent report entitled “Shariah: The Threat To America”?

FBI: The FBI believes the report underestimates the United States Government’s (USG) level of knowledge and understanding of the activities taking place in the United States and overstates the threat posed by those activities. The report also fails to note that some of the threats were disrupted by the USG and are no longer viable, and it makes unsubstantiated assertions regarding limitations on our ability to respond to ongoing threats. Among other reasons, this may be because the report relies on outdated information.

David Yerushalmi, a coauthor of the report and CSP’s general counsel, is the author of the model “anti-Sharia” legislation introduced in over twenty states. As the “anti-Sharia” movement spreads across the country, members of communities facing the Islamophobia campaigns led by Yerushalmi and Gaffney — both of whom are discussed in the Center for American Progress’s report, “Fear Inc.: The Roots Of the Islamophobia Network” — should note that the FBI largely disregarded their report as making “unsubstantiated assertions” and relying “on outdated information.”

NEWS FLASH

Florida House Committee Passes Anti-Muslim Bill | Florida’s House Judiciary Committee approved a bill that ostensibly targets the use of foreign law in Florida courts, but which is widely understood as an attack on the non-existent problem of American courts relying on Islamic law. The Florida bill closely resembles a similar anti-Muslim bill that recently stalled in the Virginia legislature due to objections from business groups that it would prevent routine business practices such as contracting with foreign companies to resolve potential disputes using another nation’s law. Twenty-two states are currently considering similar laws, and an earlier version of these bills was recently declared unconstitutional by a federal appeals court after it was enacted in Oklahoma. To learn about the network of bloggers, advocacy groups and wealthy funders pushing Islamophobic fantasies to state lawmakers, see the Center for American Progress’ report Fear, Inc.

NEWS FLASH

Officers Get Credit For Training Led By Anti-Muslim Activist | A state panel will provide credit for a training course led by a former FBI agent who has said a mosque has no legal right to exist. John Guandolo led a training for the Rutherford County Sheriff’s Department at a church whose pastor urged that a mosque not be built in Murfreesboro, TN. The Peace Officers Standards and Training Commission unanimously approved the credit without discussing the objections from Muslim groups. One commissioner said he voted for the credit because he supports anti-terrorism training. The county sheriff justified the training by saying that his department wants to find out more about Islam, but local Muslims labeled it as “hate training.”

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