Legal arguments that Islam is not a religion have failed in court

Evidence

In a civil case involving local opposition to the construction of a new mosque in Murfreesboro, Tennessee, the plaintiffs’ lawyers insisted that Islam is a political ideology, not a religion, and therefore the Muslim defendants could not rely on the First Amendment protection of freedom of religion. Frank Gaffney, director of the Center for Security Policy who later become a senior adviser to Donald Trump, was called as an expert witness to testify on behalf of the plaintiffs that Sharia was incompatible with American values. These arguments may have appealed in the court of public opinion, but they failed in the court of law. The US Department of Justice’s amicus brief reminded the court, “The plaintiffs’ claim that Islam is not recognized by the United States is false and no authority sustains such an idea. Freedom of assembly and religion is literally the foundation of this country.” — Sahar F. Aziz, The Racial Muslim, 727 (#expands, via linked claim)

Categorization

• XREF: connects to: Courts confer epistemic authority on false Islamophobic claims — Cyra Akila Choudhury, Racecraft and Identity in the Emergence…, 390; Secular rule-of-law appeals mask the expulsive marking of Muslim bodies; Courts rejected arguments that Islam is not a religion while public opinion embraced it. — Sahar F. Aziz, The Racial Muslim: When Racism Quashes…, 727 (+1 more)

Broader Connections

• Courts rejected arguments that Islam is not a religion while public opinion embraced it. #expands (0.94) — Sahar F. Aziz, The Racial Muslim, 727
• Mosque opponents argued Islam is not a First Amendment-protected religion. #exemplifies (0.92)