Muslim Americans: Do U.S. Democratic Institutions Protect Their Religious Liberty?

The First Amendment to the U.S. Constitution protects the free exercise of religion and prevents government from favoring one religion over another. As a result of First Amendment protections, the Muslim American community enjoys autonomy and the same rights as other religious communities free from government interference. Further, the U.S. Constitution creates three separate co-equal branches of the federal government – the legislative, executive and judiciary – to guard against the abuse of power by individuals or groups. This Separation of Powers further facilitates religious freedom because each branch is subject to accountability for suspect laws, policies and practices in a federalist system. In addition to the U.S. Constitution, federal statutes and state laws provide additional protections for minority faith groups and persons against discrimination by public and private actors. These include, for instance, the Religious Land Use and Institutionalized Persons Act and the Civil Rights Act of 1964, among others discussed in greater depth here. As a result of this intersecting framework of federal, state and local laws, Muslims are permitted to own and operate halal butcher shops, for instance, and freely purchase and consume such food products. State laws protect the integrity of the production, manufacture and sale of such goods to Muslim American consumers. Similarly, members of the minority faith group are permitted to purchase property for mosque construction projects and operate cemeteries where Islamic burial rituals are practiced. Both federal and state laws guarantee such religious land use. In the event of discrimination, Muslim Americans may seek legal redress in court. At times, the state or federal government may do so on their behalf as the forthcoming pages reveal. In essence, this essay presents a normative, legal and analytic discussion about the Muslim experience at the intersection of religion, law and society in contemporary America. In doing so, a demographic sketch of Muslims and Islam in the U.S. is first provided to provide relevant socio-political context. Similarly, the two subsequent sections examine the Separation of Powers Doctrine and the First Amendment’s religious freedom protections, respectively. Thereafter, a substantive discussion employing myriad case studies ensues. These parts explore the following subjects: the now notorious “Muslim Ban;” Islamic faith practices such as religious attire, ritual male circumcision and halal food products; religious land use controversies involving mosques, cemeteries and private Islamic educational institutions; and the place of religion in public schools and employment. In essence, this essay finds that U.S. democratic institutions – such as the judiciary, executive and legislative branches of local, state and federal government – often act as countervailing forces guarding against official abuses of power in furtherance of religious liberty. In so far as these institutions signal official approval for Islamophobia – against citizens or immigrants – they help create a precedent for the government to similarly mark other minority groups for disfavored treatment in the future.