Friday, November 20, 2009

Ban On Transfer of Funds To Iraq Does Not Infringe Charity's Free Exercise

In United States v. Islamic American Relief Agency, 2009 U.S. Dist. LEXIS 107541 (WD MO, Nov. 18, 2009), a Missouri federal district court rejected defendants' argument that their indictment for illegally transferring funds to Iraq violates the Religious Freedom Restoration Act. Defendants were charged under the International Emergency Economic Powers Act and the Iraqi Sanctions Regulations. Defendants contend that, along with IARA's donors, they "shared the common purpose of fulfilling the obligations of all Muslim's of zakat" --the duty to give charity to the destitute. The court concluded that even if the restrictions imposed a substantial burden on defendants' free exercise, the government had a compelling interest in imposing the restrictions and use the least restrictive means of accomplishing them.