Posted on 11/26/2011 6:41:15 AM PST by bayouranger
Do we allow the violent practices or Thugee? Or the blood sacrifices of the Mayan religion? These were certainly religions, would we also allow them to practice openly in American society?
Or perhaps Islam as been miscatagorized as a religion. Perhaps its status should be challenged since it operates more like a violent criminal enterprise or street gang. What is the collection of protection payments (Jizira?) Or the actual application of violence against non Islamic peoples in Islamic lands or countries with large Islamic populations.
Arguably true.
The point is that it is Sharia that is the problem, not how some choose to worship.
Agreed. The problem is that Islam is a totalitarian ideology that extends far beyond what we normally think of as "religion."
If you want to bring legal machinery to bear, the target needs to be Sharia, not Islam, for it to be both effective and consistent with the Constitution.
Good point. Thanks for the clarification.
Thanks for the historical connection. I’ve been working to reintroduce that angle into a planned Sharia law awareness presentation.
This is an important distinction and the basis for the Rule of Law. It is the reason why attacking Islam has no legal basis while Sharia is wide open to such controls by civil authorities. The failure to make this distinction is why the West is in such a muddle over Islam.
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I think it is legitimate to question whether a religion that operates (acts, not thinks) like a criminal enterprise can claim a religious status and special protections provided by the Constitution for religions. The Constitution is not a suicide pact. I doubt the framers would have a problem with denying Islam religious protections since Islam would deny to others the religious and legal protections it would claim for itself.
I think it is legitimate to question whether a religion that operates (acts, not thinks) like a criminal enterprise can claim a religious status and special protections provided by the Constitution for religions. The Constitution is not a suicide pact. I doubt the framers would have a problem with denying Islam religious protections since Islam would deny to others the religious and legal protections it would claim for itself.
The Framers most certainly would have a problem with excluding Islam from the First amendment. Washington, Adams, Jefferson, and Franklin are all on record on this (see this article for citations).
So I continue to maintain that it is counterproductive to attempt to legislate belief. Behavior is the only proper subject of law.
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