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Posts Tagged ‘Sharia in America’

ACLU Turns Blind Eye To Sharia In America

05/26/2011 Leave a comment

By Stephen M. Gelé, American Thinker – “Daniel Mach, director of the American Civil Liberties Union’s program on Freedom of Religion and Belief, and Jamil Dakwar, director of the ACLU’s Human Rights program, recently co-authored an article on the Huffington Post attacking legislative efforts to prohibit the application of foreign laws inconsistent with the rights granted by the U.S. and state constitutions or state public policy.

The article posits a series of disjointed, hypothetical misapplications of the legislative efforts to prevent sharia from encroaching into our legal system.  Yet, the authors cite no actual examples of misapplications of laws already passed and in force, in Tennessee, Louisiana, and Arizona.  The authors fail to distinguish this American Laws for American Courts (ALAC) legislation from other legislative efforts, such as the Oklahoma constitutional amendment, which do not explicitly reference the protection of constitutional rights and public policy in prohibiting application of sharia or foreign law.

Further, the authors contend that these laws, explicitly protecting established constitutional rights, are superfluous because the First Amendment already protects these rights, and then allege that these laws violate the religious freedom granted by the First Amendment.  The authors thereby dangerously conflate the judiciary’s interpretation and enforcement of secular law with interpretation and enforcement of religious doctrine.  The freedom of religion and establishment clauses of the First Amendment do not address the application of foreign law, including sharia, in American courts, and, as demonstrated below, have not been applied to prevent such application.

Additionally, American courts have repeatedly held that freedom of religion does not require the judiciary to void secular laws which may incidentally conflict with religious doctrine, and that the First Amendment prohibits the judiciary from interpreting or enforcing religious doctrine.  For example, in the case of S.D. v. M.J.R., the New Jersey Superior Court of Appeal reversed a trial court judge who did not find sexual assault to have been proven when a husband admitted forcing his wife to engage in sex, because the husband lacked criminal intent as he was a Muslim, and sharia, as described by an imam, mandated that a wife submit to her husband’s sexual advances.  The New Jersey appellate court cited several U.S. Supreme Court decisions that held that freedom of religion does not include violating criminal laws, including Reynolds v. United States and Cleveland v. United States regarding polygamy, and Employment Div., Dep’t of Human Res. of Oregon v. Smith regarding smoking peyote, even when religious doctrine permits or mandates the prohibited practice.  The U.S. Supreme Court, in Presbyterian Church in the United States v. Mary Elizabeth Blue Hull Memorial Presbyterian Church and its progeny, have also consistently held that deciding disputes over religious doctrine violates the establishment clause of the First Amendment.” Read more.

North Carolina Bill Would Ban Courts from Using Sharia Law

04/29/2011 Leave a comment

Warning: The following proposal may hurt the feelings of wannabe Jihadists, their supporters, sympathizers, and the Obama Administration.

BY MICHAEL BIESECKER – “RALEIGH — A group of Republican legislators is backing a measure that would make it illegal for judges to consider ‘foreign law’ when making rulings in North Carolina’s courts.

Though the federal and state constitutions already guarantee the supremacy of U.S. law in domestic cases, primary sponsor Rep. George Cleveland said he is concerned that Shariah law could gain a foothold in American communities with sizable Muslim populations.

House Bill 640 makes no mention of the Islamic legal code. But Cleveland said Shariah would be defined as a ‘foreign law’ under his bill, and therefore banned from North Carolina’s courtrooms if the legislation he proposes is approved.”  Read more.


Shariamerica: Islam, Obama, and the Establishment Clause

04/14/2011 Leave a comment

One of the best commentaries on any subject I’ve heard this year.  Press play.  Sit back.  Be enlightened.

“The U.S. government condemns burning the Qur’an. Yet the U.S. government burns Bibles. This is a clear violation of the Establishment Clause of the First Amendment of the U.S. Constitution.”

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