Or something.

(NY Times/Aziz Huq) — WITH an eye toward the 2012 elections, legislators in six states have been debating laws explicitly prohibiting courts from considering or using Sharia law, with 14 more looking at wider bans on “foreign law.” They’re taking a clear cue from Oklahoma’s wildly popular Sharia ban, which voters approved as a state constitutional amendment last year by more than 70 percent.

Such laws are discriminatory and pointless. Civil liberties groups are fighting them in court and calling on state legislators to abandon such bills. But there is an additional reason everyone, including would-be proponents of the laws and the federal government, should oppose them: they pose a significant threat to national security. . . .

To prevent the erosion of such support, the Justice Department should better publicize its support for a pending challenge to the Oklahoma amendment. It should also announce that it will challenge similar measures as violations of the First Amendment’s guarantee of freedom of religion. Doing so would not only protect the rights of Muslim-Americans, but also send a signal that they can rely on the federal government’s support.

To be sure, Attorney General Eric H. Holder Jr. has taken steps against anti-Muslim bias, for example by supporting a California schoolteacher’s suit challenging her dismissal for taking time off to make a pilgrimage to Mecca. But these steps are inadequate compared to the scope of public and private discrimination facing Muslim-Americans.

America has been here before. In 1952, Attorney General James P. McGranery filed a legal brief for the plaintiffs in Brown v. Board of Education, in part, he said, out of national security concerns. “Racial discrimination furnishes grist for Communist propaganda mills,” he said, and “raises doubts even among friendly nations as to the intensity of our devotion to the democratic faith.”

McGranery’s insight remains true today. The federal government needs to do more to defend equal access to the law regardless of faith. To do so is not simply to uphold our core values — it is also to work to improve our nation’s security.

Aziz Huq is an assistant professor of law at the University of Chicago.

0 Shares