On January 19, 2018, the Supreme Court agreed to review the decision of the Ninth Circuit Court of Appeals which struck down President Trump’s travel ban contained in Presidential Proclamation 9645.
Among the questions that will be addressed by the Supreme Court is: Whether Proclamation No. 9645 violates the Establishment Clause? Stated in layman’s terms: Whether this policy violates the Establishment Clause of the U.S. Constitution because the plaintiffs claim that the policy is actually a ban on Muslims; arguing that this is a government establishment of an official state religion. The case will be argued the last week of April, with a decision at the end of June 2018.
The opening words of the First Amendment state: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” In the case of Everson v. Board of Educ. of Ewing, 330 U.S. 1, 15-16 (1947), the Supreme Court held that the Constitution forbids state practices that “aid one religion . . . or prefer one religion over another. . .” Everson, 330 U.S. at 15.
Yet an issue that will not be addressed is whether Islam qualifies as a “religion” as that term is employed in the First Amendment. In my extensively footnoted monograph – Is Islam a Religion? An Inquiry into the Definition of “Religion” in the Jurisprudence of the United States, the Tenets of Christianity & Islam, and the Inescapable Conclusions Resulting Therefrom, I argue and conclude: No. Islam is not a “religion” under the First Amendment as its basic tenets are antithetical to the foundations of our secular constitutionalism. Instead, Islam is at its core a theocratic constitutionalism which demands compliance with odious behaviors that have no place in 21st Century.
Topics as complex as this cannot be addressed in a simple post; download, read and disperse my monograph as you see fit or not. As we live in dar al-Harb (“house of war”) you here are still free do so, for now.