Mirror of Justice

A blog dedicated to the development of Catholic legal theory.

Monday, June 12, 2017

Why the anti-Sharia movement is (at least in the U.S.) anti-Muslim

I have an op-ed in the Minneapolis Star-Tribune explaining why it is difficult, in light of current American law, to interpret Saturday's nationwide "anti-Sharia" marches as anything other than anti-Muslim.  An excerpt:

The religious terms of an agreement do not and should not prevent courts from enforcing it. Just as the rule of law is not threatened when courts apply canon law in handling a bankruptcy case for an archdiocese or enforcing an arbitration agreement based on biblical principles, the rule of law is not threatened when Muslim litigants order their lives in keeping with their faith.

 

The most recent anti-sharia initiatives reflect a change in strategy — instead of forbidding courts from considering sharia law, they prohibit the enforcement of any foreign law that would result in the violation of a constitutional right. These new laws are of no practical effect — we do not need new statutes to tell judges not to violate the constitutional rights of litigants. (That’s what the Constitution is for.)

 

These newer initiatives may be without practical effect, but they’re not meaningless. They — like the marches convened on Saturday — are packed with meaning that is not lost on Muslim Americans. The aim of these efforts is not legal reform — it is fearmongering.

Feedback, as always, is welcome.

http://mirrorofjustice.blogs.com/mirrorofjustice/2017/06/why-the-anti-sharia-movement-is-at-least-in-the-us-anti-muslim.html

Vischer, Rob | Permalink