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Security

Report: Anti-Muslim State Level Foreign Law Bans Create Unintended Legal Consequences


A new report from the Center for American Progress and NYU’s Brennan School for Justice says that the anti-foreign law campaigns being waged in state legislatures throughout the United States are actually meant to target Muslims and may actually have an unintended effect of complicating legitimate legal disputes involving foreign countries and nationals.

“Although packaged as an effort to protect American values and democracy, the bans spring from a movement whose goal is the demonization of the Islamic faith,” write CAP’s Matt Duss and the Brennan Center’s Fazia Patel and Amos Toh. “Beyond that, however, many foreign law bans are so broadly phrased as to cast doubt on the validity of a whole host of personal and business arrangements.” The authors explain how the campaign originally began as an “anti-Sharia” movement and then evolved into a more focused push to ban foreign law:

On Election Day 2010 Oklahoma voters overwhelmingly approved the Save Our State referendum, a ballot initiative that banned the use of Sharia in the state’s courts. While the Oklahoma measure was immediately challenged in court, and ultimately struck down as unconstitutionally discriminatory toward American Muslims, its proponents launched a nationwide movement to recast anti-Sharia measures as bans on foreign and international law. This involved removing specific references to Islam in order to help the measures pass legal muster and successfully tapping into deep-rooted suspicions about the influence of foreign laws over the American legal system. While the intent of foreign law bans is clear, proponents of these bans hope that the foreign law veneer will save the measures from being invalidated on constitutional grounds.

The report maps out where the bans have been enacted and are being considered:

The report recommends that these states considering foreign law bans should reject them and those that have passed foreign law bans should repeal them. “The bans set out to cure an illusory problem but could create a myriad of unintended real ones,” the report says, adding that they “send a message that a state is unreceptive to foreign businesses and minority groups, particularly Muslims” and “sow confusion about a variety of personal and business arrangements.”

“The issues raised by foreign law bans,” the author note, “may lead to decades of litigation as state courts examine their consequences and struggle to interpret them in ways that avoid constitutional concerns and discrimination against all minority faiths.”

Justice

Florida Senator: Passing An Anti-Muslim Law Is Just Like Getting Vaccinated Against Polio


Florida state Sen. Alan Hays (R) is a driving force behind an anti-Muslim bill targeting the imaginary problem of Florida courts ignoring American law in order to follow Islamic law. Indeed, despite the fact that this problem does not actually exist, Hays distributed alarmist flyers to his colleagues last year entitled “Shari’ah Law: Radical Islam’s threat to the U.S. Constitution.”

This year, Hays appears to be taking a different tactic. In an apparently acknowledgment that Florida courts are not exactly a haven for Islamic legal citations, Hays argues that his bill is still necessary as a preventative measure similar to a vaccination:

When you were a child, did your parents have you vaccinated against different diseases? That was a preemptive gesture on their part for which I would hope you’re very thankful. And this is very similar to that. Your mom and dad would not want you to get sick from one of those dreadful diseases, and I don’t want any American to be in a Florida courtroom and have their constitutional rights violated by any foreign law. That’s it. It’s not that complicated.

Watch it:

Of course, by this logic, Hays also might want to consider legislation preventing courts from replacing American law with the laws of ancient Rome or the Advanced Dungeons and Dragons second edition rules — both of which are exactly as likely to silently creep into our judicial system as Islamic law.

Security

David Gregory Sits Idly By As Santorum Absurdly Claims That Obama Hasn’t Condemned ‘Radical Islam’

NBC host David Gregory allowed former Senator Rick Santorum (R-PA) to get away with making false and misleading claims about Sharia law and President Obama’s stance on radical Islam. Speaking on Meet The Press’ web supplement Press Pass, Santorum claimed that the President has never condemned “radical Islam,” an assertion that Gregory simply lets stand without challenge:

Sharia law means women have to have head coverings, have no rights — and you don’t hear the President say a word about Sharia. You haven’t heard him condemn Sharia law or radical Islam.

Watch it:

The notion that Obama hasn’t condemned radical Islam is absurd: the President told a Muslim audience in Cairo that “the first issue that we have to confront is violent extremism in all of its forms” and that “among some Muslims, there’s a disturbing tendency to measure one’s own faith by the rejection of somebody else’s faith,” among many other instances. He also has a particularly aggressive record of taking military action against Islamic extremists.

Obama hasn’t aggressively attacked “Sharia law” because, in the most basic sense, Sharia is the code of conduct that defines how Muslims ought to live, somethign reasonably similar to the same religious ethical codes that people of all faiths hold to. It doesn’t say that women “have no rights.” Hyperbolic rhetoric about the dangers of Sharia law is commonly employed by an Islamophobic activist network that has pushed through discriminatory anti-Sharia legislation in several states.

Security

GOP Tennessee Governor Blasts Critics Of Muslim Adviser

Tennessee Gov. Bill Haslam (R)

Tennessee’s Republican Governor, Bill Haslam, has had it with attacks on an economic adviser, Samar Ali, a Muslim-American lawyer, who has been attacked by Republicans in the state and anti-Islam groups. Speaking at a Republican event, the governor was asked, according to the AP, whether “he was incorporating elements of Islamic law into state government” in having Ali as part of his staff. Haslam, incredulous, responded with a soaring defense of the accomplished Ali:

“Samar is somebody who quite frankly I think — and I know there are some people in this room who disagree with me — that I think has been incredibly unfairly maligned. We believe in people having the freedom in our country to exercise their religion as long as it doesn’t violate the Constitution, and that’s a big ‘as long as’.”

Indeed, for the past six months, local groups have launched vicious attacks against Ali, including the GOP in Stewart County, TN, which wrote an outrageous resolution in July on Ali saying she was “an expert in Sharia Compliant Finance which is one of the many ways Islamic terrorism is funded.” Two other counties joined in the condemnation. Even local candidates, like Woody Degan, who was then running for a Republican state senate seat, said Ali’s main function in the governor’s office was to bring in “Sharia money” and to make the office “Sharia compliant.” Degan added, “we’re going to let them bring it into Tennessee and let those proceeds go back to kill our boys.” The Center for Security Policy, an organization run by anti-Islam activist Frank Gaffney, pushed the preposterous charges, saying that the hiring meant that “financial jihadists will soon be targeting the Volunteer state for infiltration and influence operations.”

Read more

Justice

Tea Party Senate Candidate Ted Cruz Jumps On The Sharia Conspiracy Bandwagon

Republican candidate and tea party darling Ted Cruz made an appearance at a campaign forum last night, and took the opportunity to advance some of the far-right’s favorite baseless conspiracy theories — including a claim that American law is in danger of being replaced by Islamic law:

“In response to questions from attendees, Cruz said he hoped to see U.S. Attorney General Eric Holder impeached and opposed the law that prohibits tax-exempt churches from endorsing candidates from the pulpit.

When asked about whether he viewed “Sharia Law” as a problem in the United States, Cruz said “Sharia law is an enormous problem.”

It’s not. It’s not even a small problem. Although it is common for politicians on the far right of America’s political spectrum to claim that courts are slowly replacing American law with Islamic law, these claims have no basis in reality. Few American courts have ever even mentioned Sharia or Islamic law, and those that have generally only do so in contracts or similar cases where a party before the court agreed to be bound by Sharia law.

This is hardly the first time that Cruz abandoned reality to toss red meat to his Tea Party base. In 2010, Cruz floated a theory about how states can bypass the federal government and ignore existing laws they disagreed with, advocated for a radical rereading of the US constitution which would have rendered Medicaid unconstitutional, and in March, warned Texans about the dangers of a George Soros and United Nations-led intrusion into local communities to eliminate golf and paved roads.

Cruz and Texas Lt. Gov. David Dewhurst are locked in a runoff election to be the Republican nominee to replace outgoing Sen. Kay Bailey Hutchison (R-TX). In the May 29 primary, Dewhurst easily defeated Cruz 47 percent to 25 percent, but failed to reach the 50 percent threshold needed to avoid a runoff election. The runoff, scheduled for July 31, has already gotten ugly, with both sides exchanging accusations of misrepresenting the facts. The race is expected to be one of the most costly senate elections in the country. Spending already exceeds $25 million.

Alyssa

Crusader Kings II Will Let Characters Play as Muslim Rulers

This is kind of cool: Crusader Kings II, which previously let players take on the role of a Christian feudal lord, is expanding the game so players can be Muslim rulers, and if they choose to do so, they’ll get to operate under a different set of laws that govern everything from property to marriages. It’ll be interesting to see what that turns out to mean: is there a banking system that doesn’t involve interest? A rule of law that permits multiple marriages? Characters with protected status under Muslim law?

There’s something appropriate about the fact that this game is rolling out at a time of hard-right panic about a theoretical resurgence of sharia law, a paranoid fear that Muslim religious law will supplant a secular Western, by which they mean Christian-derived, legal system. But it’s not as if medieval European countries were exactly models of rational, just governance. Putting old-school Muslim law and Muslim governance up against feudal scenarios, even in a game, is a useful reminder that both societies have evolved, that whatever al Qaeda would have wanted, we’re not actually enmeshed in a holy war at the direction of the pope anymore. There are useful conversations to be had about the status of women, about the treatment of people of other religions, of the harshness of punishments in majority-Muslim countries or in countries with legal systems derived from Islamic jurisprudence. But pretending we’e actually at risk of going back to the dark ages is silly fear-mongering, and doesn’t actually make those conversations productive.

What would help? Having more people who know more good information about Islam, and who don’t view Muslims simply Other. I’m not saying an extension pack on a video game will change the world. But it’s nice to see someone treating Muslim characters as identities people would want to put on, not merely as enemies to be eliminated. Curiosity makes for better storytelling than mindless mistrust.

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.

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