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Laury Boone Browning's avatar

"A government that labels a faith political in order to place it outside constitutional protection has already abandoned neutrality. And a religious liberty that applies only to the comfortable is no liberty at all." So much to think about in this important essay.

Anna Scharrer's avatar

I am very intrigued by this article, specifically by the discussion of political aspects of certain religions and the court’s alleged neutrality on the issue of what counts as religion. I am curious if any religious element is sufficient to warrant a First Amendment protection or if a religion must be completely untainted by political ideologies to warrant the protection. Langevin seems to suggest that Islam is an equal mix of political ideology and faith, which is enough to make him question its constitutionality. However, Tuberville seems to suggest that it does not contain sincere faith-based practices at all.

To take up Langevin first, as the article mentions, it is baseless and contradictory to assert that other protected religions do not have an intimate connection to politics. Each of the three Abrahamic religions, Judaism, Christianity, and Islam, promotes its own set of laws, rituals, and customs. Furthermore, these religions seek to transform the person who practices them and thus almost necessitate an influence in how that individual engages civically. These three religions are therefore inherently political in my view, and an attempt to separate the political from the faith-based practice would be futile.

The problem then would seem to be Tuberville’s accusation that Islam is merely a political ideology masquerading as a religion. This is where the idea of the Court’s neutrality becomes an issue. In refusing to be a “theologian”, the Court allows for the political process to determine what counts as a true faith. As mentioned in the article, Protestant and Evangelicals were skeptical of Catholics and Mormons in the past and they did not receive the protection they should have been afforded. Now, Muslims are subject to this discrimination and it seems like the Court should do what it has in various other contexts and remove a question from the democratic process. Why is there such a hesitancy to define “religion”? Is it not the Court’s job to define and interpret terms in the Constitution? It seems that its unwillingness to do so will continue to make certain religions vulnerable to the “political ideology” attack.

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