Authors
Elsadig ElsheikhBasima SisemoreNatalie Ramirez Lee
Topics
Terrorism, Counterterrorism, and Political ViolenceJewish and Middle Eastern StudiesTitleLegalizing Othering: The United States of IslamophobiaPermalinkhttps://escholarship.org/uc/item/6dj1w62cAuthorsElsheikh, ElsadigSisemore, BasimaRamirez Lee, NataliePublication Date2017-09-08 eScholarship.org Powered by the California Digital Library University of CaliforniaResearch Report September 2017 by Elsadig Elsheikh, Basima Sisemore, Natalia Ramirez LeeHAASINSTITUTE.BERKELEY.EDUAbout the Authors Elsadig Elsheikh is the director of the Global Justice Program at the Haas Institute where his research focuses on the so cio-political dynamics of neo liberal globalization as related to development, food systems, global forced migration, human and indigenous peoples’ rights, state and citizenship, and struc tural barriers to inclusivity. Basima Sisemore is a re searcher for the Global Justice Program at the Haas Institute for a Fair and Inclusive Soci ety. Her research addresses Islamophobia, human rights, and exclusionary practices that marginalize Muslims and other communities of color. Basima received her Master’s in Re search Architecture from Gold smiths, University of London. Natalia Ramirez Lee is a Co blentz Civil Rights Fellow at the Haas Institute. She is currently a law student at Berkeley Law and has participated in proj ects related to discrimination and equality law, international human rights and immigration.EditorsMarc Abizeid, Rhonda Itaoui,Stephen MenendianInfographs & MapsSamir GambhirLayout / DesignRachelle Galloway-PopotasReviewed byHatem BazianReport CitationElsadig Elsheikh, Basima Sisemore, Natalia Ramirez Lee. “Legalizing Othering: The UnitedStates of Islamophobia.” HaasInstitute for a Fair and InclusiveSociety, University of California, Berkeley: Berkeley, CA.September 2017. haasinstitute.berkeley.edu/islamophobiaOriginal report published in September 2017; an updated version was released January 2018. The full report and database are online at haasinstitute. berkeley.edu/islamophobiaContact 460 Stephens Hall Berkeley, CA 94720-2330 Tel 510-642-3326 haasinstitute.berkeley.eduGlossary of Key Terms 4Key Findings 7Introduction 9Methodology and Database 12Methodology .....................................................12The United States ofIslamophobia Database..................................14The Impacts of Islamophobia 15 on American Society The Rise of Anti-Muslim Sentiment..............15 The Rise of Xenophobia vis-à-vis Islamophobia .....................................19 The Rise of the Anti-Sharia Movement and the Creation of ALAC .............................21 The Context of Anti-Sharia State Legislation ..............................................23 Recurring Themes and Discriminatory Effects of the Anti-Sharia Bills ......................24Islamophobia in the Era of Trump 26 Muslim Ban 1.0 ................................................26 Muslim Ban 2.0 ................................................ 27 Laptop Ban .......................................................29 Federal Measures 30 Federal Programs and Initiatives ..................30 Federal Legislation...........................................33 State Legislation 36 A Solution in Search of a Problem...............36 Themes of Anti-Sharia Legislation................38 Discriminatory Effects of Anti-Sharia Legislation..........................................................40 Patterns and Trends Related to Anti-Sharia Legislation....................................44Strategies and Policies to 50 Combat IslamophobiaEndnotes 53Sidebars Excerpt of the September 20, 2001 Address by President George W. Bush to Joint Session of Congress....................................... 17 David Yerushalmi: The Creator of ALAC ......................................18 Park51 Community Center: The Myth and Controversy.............................19Interview ExcerptsDalia Mogahed ................................................16Nour Bouhassoun ...........................................20Mark Potok.........................................................23Evelyn Nakano Glenn...................................... 27Karen Korematsu..............................................28Baher Azmy .......................................................31Hatem Bazian....................................................34Hassan Shibly................................................... 37Saeed Khan.......................................................39Abed Awad .......................................................41Stephen Piggott............................................... 47Act/Statute A bill that is enacted into law by a state legislature or the US Congress. American Laws for American Courts (ALAC) model act An "anti-Sharia law" model legislation drafted by lawyer and anti-Muslim activist David Yerushalmi. The ALAC model prohibits foreign law, and more specifically Sharia law, from being considered or enforced in state courts as a basis for rulings. Ac cording to the ACLU, ALAC and other similar laws that seek to single out Muslims by way of barring the application of Sharia in US courts are in vio lation of the First Amendment, and undermine the power of courts to fairly consider cases. Anti-Sharia movement A movement that came into inception in 2010 inspired by anti-Muslim activists such as David Yerushalmi, Brigitte Gabriel, Frank Gaffney, among others, to embed a fear of "Sharia law" within American society, and to influence lawmakers to introduce anti-Sharia bills that target Muslims in state legislatures. The movement, through an ti-Sharia and anti-Syrian refugee advocacy work, is stirring up anti-Muslim sentiment across the US, and by way of enacting ALAC or anti-Sharia bills, legalizes the othering of Muslims. Such laws strip Muslims of their legal rights as afforded by the First Amendment, and further proliferate a culture of fear and intolerance towards Muslim Americans and Muslim communities. The Birther Movement A conspiracy theory movement that emerged in the run-up to the 2008 presidential election that fallaciously sought to undermine then-Senator Barack Obama’s bid for presidency. The birther movement labeled Barack Obama as “foreign” in an effort to disqualify him from serving as presi dent, bringing into question the legitimacy of hisGlossary of Key Terms birth certificate, his place of birth, and US citi zenship. Even when Obama’s campaign shared his birth certificate on the “Fight the Smears” website to address any speculation surround ing his birth, the birther movement continued to spread unfounded claims about his birth certif icate. Donald Trump was a staunch supporter of the birther movement and is credited with reviving the baseless theory that Obama is not a US-born citizen prior to the 2012 and 2016 presidential election campaigns. Only on Sep tember 16, 2016, did then-presidential candidate Donald Trump concede that Obama was indeed born in the United States. Constitutional Amendment A modification or change to a state or nation’s constitution. For each of the 50 states that com prise the United States, each has its own rules and procedures that determine how the constitu tion of that state can be amended. Enacted/Not Enacted A bill that is enacted into law means that the bill becomes law, or is now an Act, statute, or legis lation. If a bill is not enacted, the bill is not signed into law. Extremist/Extremism Individuals who hold political, social, and/or ideo logical views at the far ends of the political and social spectrums and who utilize violence as a means to achieve their goals, in the process harm ing or singling out other social groups in society. In the context of Islamophobia, there exists a belief that extremists and extremism are implicitly attached to Muslims especially disproportionate to other religious or racial/ethnic groups. Foreign Law Laws of another jurisdiction, not strictly laws of another country, as a state court could refer to the judgment of another US state’s court as a foreign judgment. First Amendment An amendment to the US Constitution that details the limits placed on governmental power, estab lishing that it is illegal for Congress to enact a law establishing an official religion of the country, or to prohibit the free exercise of religion, protecting the freedom of religion, freedom of speech, free dom of the press, freedom of assembly, and the right to petition the US government. Islamophobia Islamophobia is the belief that Islam is a mono lithic religion whose followers, called Muslims, do not share common values with other major faiths; is inferior to Judaism and Christianity; is archaic, barbaric, and irrational; is a religion of violence that supports terrorism; and is a violent political ideol ogy. Islamophobia forms the basis of an ideology that views Muslims as a threat to “Western” civi lization. Further, Islamophobia is contingent upon the construction and reification of a homogenized Muslim “other” who should be viewed suspicious ly, scrutinized, dehumanized, and excluded from Western or Judeo-Christian societies. Islamophobia has been expressed in prejudicial views, discrim inatory language, and acts of verbal and physical violence inflicted upon Muslims, and those per ceived to be Muslim. Islamophobia has manifested in a policing regime that engages in the profiling, surveillance, torture, and detention of people along racial/ethnic and religious lines, and has justified the militarization of foreign policy as well as an unprecedented expansion of security apparatuses. Islamophobe An individual who holds a closed-minded view of Islam and promotes prejudice against, or hatred of, Muslims. This definition derives from the CAIR report Legalizing Fear (2013). Legislation A bill under consideration by a legislative body, or a bill that the legislature has enacted into law. Othering/Belonging The Haas Institute defines Othering as a set of dynamics, processes, and structures that engen der marginality and persistent inequality across any of the full range of human differences based on group identities. Othering provides a clarifying frame that reveals a set of common processes and conditions that propagate group-based in equality and marginality.Belonging means having a meaningful voice and being afforded the opportunity to participate in the design of political, social, and cultural struc tures. More than just having access, belonging is the right to contribute and make demands upon society and institutions. Belonging entails an un wavering commitment to not simply tolerating and respecting difference, but ensuring that all people are fully seen and included in society. Senate Bill (SB)/House Bill (HB) A proposed piece of legislation or bill originating from the Senate, and a proposed piece of legis lation or bill originating from the House of Repre sentatives. Sharia/Sharia law According to a large majority of Islamic law ex perts, Sharia is a moral code or guiding principles founded on the teachings of the Quran and the Hadith (the teachings and actions of the prophet Mohammed). The interpretation of Sharia is called “fiqh,” meaning Islamic jurisprudence, however, Sharia is not the equivalent of Islamic law or an Islamic legal system, but rather is an evolving methodology for devout Muslims to discern God’s guidance, to lead an ethical and moral life. Sharia is a part of a Muslim individual’s everyday life as it directs how Muslims engage with the world, ranging from what Muslims eat, how business and personal affairs are conducted, how they treat animals, protect the environment, and more. The Tea Party movement The panic that emerged as a result of the finan cial and housing crisis, combined with fear of economic dispossession, immigration, and the election of a Black president, served as the cata lyst that brought forth the Tea Party movement in 2009. The movement operates as a decentralized network of local and state-based groups that pushes for a conservative agenda, and the Tea Party first rose to prominence as a political force as a result of the groups’ resistance to the Afford able Care Act and Obama’s economic policies. The movement has been successful in garnering support from white Americans and those who feel threatened by the changing demographics in the US, and the rise of minorities into positions of cul tural and political power, challenging the privileges and power that have long been furnished through white identity. Members of the movement’s con stituency identify themselves as “real Americans” who have worked hard throughout their lives for what they’ve earned, view immigrants and many communities of color as freeloading off of their hard labor and efforts, and the Democratic Party as representing “cultural elitism.” Terrorist/Terrorism While there is not a universally agreed upon definition of terrorism, in contemporary usage it means the use of organized and deliberate violence, or the threat of violence, to seize power to achieve political change. Many in Western societies have encapsulated the terms to be synonymous with Muslims and Islam; however, the use of violence as an instrument to obtain power and political gain is not inherent to one social group, religion, people, or state. US Contemporary Islamophobia Movement Since 9/11, two major shifts have occurred re-garding Islamophobia in the US: (1) Islamophobia became the operationalizing tool to single out Muslims and Islam based on the actions of individual deviants, shifting the blame of a few to be absorbed by all Muslims collectively; and (2) A shift in lone-wolf or individual acts of anti-Muslim sentiment and actions to organized Islamophobia and anti-Muslim efforts, giving rise to groups that organize people around anti-Muslim campaigns and efforts like ACT for America and Stop Islamization of America. Islamophobes are organized (within national and global networks) to institutionalize public policies and legal regimes that are explicitly anti-Muslim/Islam and led by organizations, think tanks, institutes, paid anti-Muslim activists, grassroots organizing campaigns, etc. The contemporary Islamophobia movement came into existence as a product of both major domestic and global events, activities, and movements ranging from the events of 9/11, US foreign wars and military interventions in the Middle East, the global financial crisis, the election of former President Barack Obama, the rise of the Tea Party and birther movements, Peter King’s congressional hearings on the radicalization of Muslim Americans, among other events.The push for anti-Sharia legislation by lawmakers in the years prior to midterm and presidential election cycles provides a platform to normalize, legitimize, and proliferate Islamophobia and anti-Muslim sentiment in the American public and in political debates.The "anti-Sharia law" movement did not originate within a vacuum, but has been garnering support and influence since 9/11. The movement has taken advantage of, and contributed to, the increasingly volatile climate of anti-Muslim sentiment and racial anxiety, fueled by key political moments and conservative movements, particularly the Tea Party and the birther movements. The majority of anti-Sharia legislation were introduced in the years prior to midterm and presidential election cycles. For example, 56 bills were introduced in 2011, 35 bills were introduced in 2013, and 35 bills were introduced in 2015. By contrast, 14, 25, 15, and 14 anti-Sharia bills were introduced in the election years of 2010, 2012, 2014, and 2016, respectively. This highlights a trend among lawmakers to push anti-Muslim legislation in the run up to midterm and presidential election cycles. Although the target of the anti foreign law ALAC legislation is Sharia law, the term Sharia, or Sharia law, is omitted entirely from the American Laws for American Courts model act in an attempt to appear “facially neutral,” and to avoid specifically naming Sharia law in the text of the bills. There are, however, several anti-Sharia bills that have been introduced by state legislators that explicitly prohibit courts from considering or applying Sharia law. Actors and groups advancing the anti-Sharia movement have also been extremely influential in spearheading campaign efforts around anti-refugee legislation, specifically in opposition to Syrian refugee resettlement in the US.If anti-Sharia bills are enacted into law they may restrict the freedoms of other religious groups that look to religious arbitration.haasinstitute.berkeley.edu Legalizing Othering: The United States of Islamophobia 7 haasinstitute.berkeley.edu Legalizing Othering: The United States of Islamophobia 8A total of 140 bills were introduced that extracted language from the ALAC model act. The American Public Policy Alliance and ACT for America were the two main groups promoting the bills, or were at least the most visible direct supporters of the bills.The overwhelming majority of state legislators acting as the primary sponsors for anti-Sharia bills were Republican lawmakers: 373 were Republicans, nine were Democrats, and three were independent or nonpartisan.From 2010 to 2016, 194 anti-Sharia bills have been introduced in 39 states—of these, 18 have been enacted into law, 176 have not been enacted, and 1 bill has been struck down in Oklahoma.Thirty-three state lawmakers sponsored two or more anti Sharia bills in their state. State lawmakers who sponsored multiple anti-Sharia or anti-Muslim bills were all Republican. Overall, 385 lawmakers were the primary sponsors for anti-Muslim bills introduced or enacted in state legislatures across the country.A total of 121 bills included stipulations in their language to exempt corporations, allowing corporations to enter into contracts and agreements that call for the application of a foreign law. An additional 73 bills did not provide for this exemption, or did not specifically mention corporations in their text. Almost all of the bills introduced bar courts from enforcing individuals’ contracts and agreements that call for the application of foreign law. A total of 191 bills bar the enforcement of individual contracts, and an additional three bills do not include this stipulation. The discriminatory effects of the anti-Sharia bills introduced, and their affiliated legislative campaigns, were apparent in their aim to: instigate an unfounded and nonviable fear of Sharia law; other Islam and Muslims; foment a climate of intolerance toward Muslims and those perceived to be Muslim; and inhibit Muslims from engaging with their religion.The direct and indirect impacts of anti-Sharia legislation are yet to be fully exposed. There is a need for people to be vocal when issues of bigotry and discrimination arise from anti-Muslim laws.THE CURRENT POLITICAL CLIMATE in the United States reflects a new reality influenced by a pop ulist leadership that occupies the highest office in the land, 1 colluding with a reemergence of white supremacy, that is being (re)used as a tool to drive a wedge between poor white people and people of color on the one hand, and to increase fearmongering and anti-Muslim sentiment in Amer ican society on the other hand. 2 Together, this has given rise to anti-black, Islamophobic, anti-immi grant, and anti-refugee grassroots movements, 3 increasing racial prejudice and racial animosity to an unprecedented level. This report acknowledges that Islamophobia in the US is not new; 4 however, over the past 16 years, the rapid development and convergence of con temporary Islamophobia movements have brought forth federal measures and state legislation that frame Muslims as untrustworthy and incompatible with American values, further subjecting Muslims to surveillance, profiling, and exclusion along the lines of racial and ethnic discrimination, as deter mined by their national origin and religion. Addi tionally, contemporary Islamophobia movements— operating with the shared ambition to scrutinize and dehumanize Muslims—aim to other and under mine Muslim Americans’ citizenry and agency. Islamophobia is a form of xenophobia and discrim ination based on religious and national origin that aims to single out and exploit Muslims as political scapegoats for failed economic and political proj ects, and functions as a proxy for racial anxiety within the US. 5 Between 2010 and 2016, 194 an ti-Muslim bills were introduced in 39 states, with a total of 18 anti-Muslim bills enacted into law. 6 Islamophobia is contingent upon the construc tion of a homogenized Muslim “other” who should be viewed suspiciously, scrutinized, dehumanized, and excluded from “Western” or “Judeo-Christian” societies.
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PublishedSep 8, 2017
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