While the U.S. Constitution enshrines the right to religious freedom and the prohibition against a state religion, when it comes to the rights of religious enclaves to impose communal rules, the dividing line is more nebulous. Can U.S. enclaves, homeowner associations, and other groups enforce Islamic law?...
On their face, the fundamental principles of the internal Muslim enclave are no more invidious than any other religious enclave. But ideology matters. Many proponents of an Islamic polity promote an ideology at odds with U.S. constitutional jurisprudence and the prohibition against the establishment of a state-sponsored religion. The refusal to recognize federal law makes Islamist enclaves more akin to Ruby Ridge than to the Hasidic and Amish [communities]....
Wednesday, March 22, 2006
Are Islamist Enclaves Constitutional?
The Spring 2006 issue of The Middle East Quarterly carries an article by David Kennedy Houck, titled The Islamist Challenge to the U.S. Constitution. He focuses particularly on a proposal by a Little Rock, Arkansas Muslim group to create an internal Islamic enclave. Here are a few excerpts from his much longer article:
