The American Journal of Islamic Social Sciences Vol. 6 , No . 1, 1989 135 New Claimants to Religious Tolerance and Protection: A Case Study of American and Canadian Muslims Kathleen Moore Introduction In The Myth of the Judeo-Christian Tradition, Arthur A. Cohen ques- tions the notion that a "Judeo-Christian" tradition even exists, and suggests that it is an invention of twentieth century American politics spawned by efforts to form a cultural consensus and, in the process, homogenize religious identification and promote interfaith harmony. 1 The conception of such a tradition is, in Cohen's words, " ... mythological or, rather, not precisely mythological but ideological and hence, as in all ideologies, shot through with falsification, distortion, and untruth.'"2 A political use of the term "Judeo-Christian" has gained particular cur- rency in the latter part of the twentieth century as reliance on certain religious values, symbols and rhetoric in public discourse has both generated and reflected popular approval, the ideal of separation of church and state not- withstanding. Common assumptions about the place of religion and morality in public life are being reevaluated. In an era of greater conformity and consensus-building, ushered in by a general swing toward conservatism in North American politics, an effort is being made to resurrect a shared set of traditional beliefs and values thought once to be the backbone of American Kalhleen Moore is a research scholar in the Political Science Department of the University of Massachusetts, Amherst. 1For a different analys is and an example of consensus htStory which pra.ases the Judeo- Christfan tradition, see Will Herberg, Pr01esuu11, Catholic, Jew. An Essay in America11 Religious Sociology. (Garden City, N .Y.: Doubleday Anc hor, 1960). See al so discussion in Mark Silk, kNotes on the Judeo-Christian Tradition in America .~ American Quanerly 36 (1984), 74-77. 2Anhur A . Cohen. The Myth of the Judeo-Chrisrian Tradition . (New York : Harper and Row, tm). Cohen writes, "We can learn much from the history of Jewish-Christian relations, but one thing we cannOl make of it is a discourse of community, fellowship, and understanding.~ (p. xiii). See also Martin E. Many, "A Judeo- Christian Looks at the Judeo-Christian Tradition.~ The Chris1ian Cenwry October 8. 1986: p. 858. 1 ne American Journal 01 1s1am1c .'.)Oeial ::icaences Vol. o. NO. I, IY~Y and Canadian life. Instead of celebrating diversity and pluralism in North America, the emphasis has been placed on the merits of unity and a shared sense of ethics. Conservatives are engaged in an effort to redefine American values and beliefs and ameliorate what they see as deplorable conditions precipitated by the liberalism, secularity and moral relativism of the 1960s. This corrective impulse is proving to be an important factor in reshaping both the religious and political scene. It is in this context that the meaning of difference has been obscured. A commitment to pluralism has been an important part of the heritage of North American societies, especially Canada, since their inception and yet what is meant by reference to the "Judeo-Christian" tradition remains am- biguous. 1 Rather than promoting interfaith harmony, the current use of the concept functions to exclude those who are judged to deviate from the social and cultural norm or to be nonbelievers, i.e., persons conceived to be a threat to the bedrock values of America. Observers of the North American religious scene have noted that religion is used as a means of negotiating one's place in society and establishing identity.4 Public figures appeal to our sense of national identity and patriotism by talking about the United States as a 'judeo- Christian nati.on," which , in effect, serves to exclude other religious groups (such as Muslims) and nonreligious groups from the mainstream of American sociery.s What is implied by reference to "Judeo-Christian" is even narrower- those who actually mean to promote an exclusively Christian America6 use it to signify the defense of purportedly Christian-cum-American values and life-style from the inroads of secular humanism. President Reagan, in his 1983 speech to the National Association of Evangelicals in Orlando. Florida, 3Although President Reagan has often spoken of the ~Judeo-Chrisuan~ tradition. his religious references are decidedly Christian. See Chapter 5 (especially pp. 74-7), Paul D. Erikson. Reagan Speaks, 1J1e Making of an American Myth . (New York: New York University Press. 1985). 4Wade Clark Roof and William McKinney, American Mainline Religion, Its Changing Shape and Future. (New Brunswick , N.J. : Rutgers University Press. 1987), p. 76. See also Martin E . Marty, A Nation of Behavers. (Chicago: University of Chicago Press, 1976); and R. Lawrence Moore, Religious Outsiders and the Making of AmericaJLr. (New York: Oxford University Press. 1986). ~Yvonne Y. Haddad. "A Cemury of Islam in America.~ The Muslim World Today, Occasional Paper No. 4. (Washington. D.C.: Islamic Affairs. 1986); p. 9. 6Martin E. Marty, kA Judeo-Christian," 859. Also Erikson, Reagan Speaks. Erikson wntes of the language Reagan uses "that seems almost calculated to make non-Christians uncomfortable." ~our only hope for tomorrow is in the faces of our children." he said in 1983. ~And we know Jesus said, 'Suffer the linle children to come unto me, and forbid them not, for such is the Kingdom of God.- Erik$On, Reagan Speaks, p. 76. See aL~o Roof and McKinney. American Mainline Religion, p. 31. Kathleen Moore New Claimants to Religious Tolerance and Protection 137 warned of the encroaching spirit of "modem-day secularism" and the designs of liberals and "secular humanists" who "proclaim that they're freeing us from superstitions of the past" in order to destroy the "tried and time-tested values upon which our civilization is based.'77 Allusions to the "Judeo-Christian" tradition of North America are not meant to applaud the religious diversity of our heritage, but to confront the threat of moral degeneracy - real or imagined-embedded in the advance of secular humanism, seen as liberalism under another guise. It is the elaboration of an ideology of "difference," or a definition of "us" vis-a -vis "them," of those who adhere to a conservative belief system versus those who do not. Very little. if any, recognition is granted to the content of the Jewish legacy and what is considered relevant- namely the Old Testament prophets- is appropriated and "protestantized" in the nar- rative of America's Puritan experience, while the rest is discarded. The im - pact of this usage on the Jewish population of North America , not to mention the many other faiths, carries profound implications and raises questions about the commitment to the principles of pluralism and tolerance and the concept of religion found in North America. The reality that this imagined or real struggle between Christian-cum- American values vs. secular humanism masks is one of growth and complex- ity, both in the number and nature of religious sects that have appeared on the North American horizon of late. Because of this growing diversity, there is a need to take a second look at the developing American concept of pluralism and tolerance. Post-World War II developments in the religious composition of the United States and Canada, due in part to increased immigration from Asia and the Middle East , declining religious membership in the conventional triumvirate of Protentantism, Catholicism and Judaism and the concomitant growth of secularism, have produced a vastly more pluralistic religious environment in both countries. A diverse assortment of faiths now represents a sizable number of North American religious adherents. 8 Among these the Muslim community is growing the fastest , at a rate that will make it the second largest religious community in the United States by the twenty-first century. 9 7Erikson , Reagan Speaks , p. 77. 80ne source estimates conservatively that the nonconvemional faiths (e.g., Muslims as well as Orthodox Christians, Buddhists and Hindus) now comprise four percent of the total United States population, an increase from one percent in the 1950s. See Wade Clark Roof and William McKinney, American Mainline Religion , /rs Changing Shape and Furure. (New Brunswick, N.J.: Rutgers University Press, 1987), pp. 17 and 235. 9If the U.S. Muslim community continues to grow at the present rate it will be the second largest religion - smaller than Christianity but larger than Judaism - by the year 2015. Yvonne Y. Haddad , "A Century of Islam in Americat 171e Muslim %rid Today Occasional Paper No. 4. (Washington, D.C. : The American Institute for Islamic Affairs), 1986, p.l. 138 The American Journal of Islamic Social Sciences Vol. 6, No. I. 1989 This paper seeks to shed some light on the quality of the Muslim ex- perience in North America and to document their efforts to become an ac- cepted part of American society. Can America be identified as Judeo-Christian and still accommodate Muslims? The number of Muslim immigrants enter- ing the United States and Canada has more than doubled since 1960. During the same period, the number of North American converts to Islam has also risen. This rate of growth of the Muslim-American and Muslim-Canadian populations, combined with the recent wave of religious resurgence in the Muslim world and the popular association in North America of Islamic revival with international terrorism, presents a challenge to the shape of North American societies and their commitment to the principle of tolerance. The evolution of the objectives of the indigenous African-American Muslim community-from black separatism to accommodation and a stronger iden- tification with the global community of "orthodox,., Ts lam- is yet another fac- tor which helps define the diverse Muslim community and Muslims' claims for greater tolerance within the North American milieu. Islam in North America is maturing. Religious consciousness in the Muslim community has been reawakened and intensified by Islamic resurgence in the Middle East and Asia. The global resurgence of Islam has affected the goals and identity of the Muslim community in the United States and Canada and has encouraged Muslims to assert their religious identity more publicly and to be more religiously observant. Muslim-Americans and Muslim- Canadians, regardless of national origins, are being galvanized by events in the Muslim world at large as well as by their reception in the host societies of North America. Until recently Muslims in North America have only been marginally unified by their common faith, but with the changing circumstances in the world they leave behind and into which they arrive, the prevailing perceptions among Muslims about their identity, position and future have been altered. Moreover, the presence of Muslims in North America is gaining the attention of the larger society. Time magazine published an article entitled "Americans Facing Toward Mecca, The Fast-growing Muslim Community is Invisible No Longer" in its May 23, 1988, issue. Although Islam has been practiced in North America for more than one hundred yearslO it has only KlFor evidence that Jslam was the faith of Africans brought to the U.S. as slaves, see Allan D. Austin. African Muslims in Anerbellum AmeriCJl: A &urcebook. (New York: Garland Publishing. 1984). In addition. immigration of significant numbers of Syrians and Lebanese 10 the U.S. and Canada by the 1880s helped to establish Islam in North America. For infomiation about the Afro-American movements in the U.S. see E.U. Essien-Udom, Black Nationalism : A Search/or Jdenriry in America. (New York: Dell Publishing, 1962); Charles Eric Lincoln , The Black Muslims in America. (Boston: Beacon Press, 1961). A bibliography of the literature on indigenous Islam is provided in Yvonne Y. Haddad, "Muslims in America: A Select Bibliography." The Muslim ffbr/d 76, no. 2 (April 1986), p. 93. Kathleen Moore New Claimants to Religious Tolerance and Protection 139 recently received even nominal recognition as an American phenomenon. Islam is still widely perceived to be a foreign creed and is maligned by its association in the media with terrorist activity abroad and black separatism in the U.S. Because of a prevailing sense, however erroneous, that Islam is a threat to society, it is a faith that is not easily accommodated. The principle of religious tolerance becomes valid and meaningful only through its elaboration within the particular circumstances of time and place. Muslim aspirations to be recognized as full members of North American societies raises questions about the meaning of religious tolerance. With the notable exceptions of Abdo A. Elkholy's 1he Arab Moslems in th United States (1966) and Yvonne Y. Haddad's Islamic Values in the United States (1987), scant scholarly attention has been paid to the circumstances of Muslim communities in North America to date. u Most studies have been sociological case studies of specific immigrant communities and often do not differentiate clearly between the influence of religious and ethnic factors. These offer valuable insights into the patterns of assimilation and accultura- tion of certain immigrant communities that happen to be Muslim and begin to discuss Muslim responses to challenges presented by the host society. However, these studies do not deal in any systematic or analytical way with the responsiveness of the host societies-the United States and Canada-to the special circumstances of Muslims. The paucity of information and studies about the reception of Islam and Muslims in North America conceals an important aspect of the evolution of North American society, ideology and institutions. While scholarly literature tends to focus on the experiences of Protestants, Catholics and Jews as the mainstream faiths, and of Jehovah's witnesses, Mormons, Native Americans, Hare Krishnas and Amish as minority faiths , nothing has been written about the reception of Islam as a faith that seems to many people to be foreign to, if not at odds with, the dominant Judeo-Christian tradition. Most people are in favor of religious freedom and tolerance in principle, but are less sup- portive of these norms in specific situations. Popular conceptions of Muslims and Islam may mitigate the willingness of Americans and Canadians to adhere to the espoused principles of religious freedom and tolerance when called for by Muslims in North America. Studies of memoirs, articles and letters written by immigrants from the 11 For reference 10 literature on Muslims in North America, see Yvonne Y. Haddad, ·Muslims in America: A Select Bibliography." Muslim R-brld 76, no. 2 (April 1986): and · Muslims in Canada: A Preliminary Study." H . Coward and L. Kawamura, eds., Religion and Ethnicity. (Waterloo: Wilfrid Laurier Universiry, 1978). 140 The American Journal of Islamic Social Sciences Vol. 6, No. I, 1989 Arab•~ countries and from other areas of the Muslim worldl3 , as well as African-American Muslims 14 reveal early Muslim experiences with discrimination. Several recent works have examined negative stereotyping of Muslims, especially Arabs, and of media distortions of the Muslim im- age. 15 Problems of misunderstanding, prejudice and hatred have become acute during the last quarter of the twentieth century as Islam and Muslims are maligned by assodation with terrorist acts abroad. 16 Crude caricatures of Muslims appear abundantly in the production and organization of popular culture. Events and situations, whether fictional or real, are presented to us through a framework of symbols, concepts and im- ages through which we mediate our understanding of reality. Our "common sense" ideas about race, ethnicity and religion help us order social life in a way that is easily understood and meaningful, and provide clues about ap- propriate behavior and shared expectations. Popular culture-specifically the news and entertainment media-generates stereotypes and relies on our familiarity with them in formulating our idea of the world. It does not com- municate information and ideas in an efficient, i.e. timely. fashion. Discus- sion of the effects of such overt manifestations of prejudice on Muslims has 12e.g. Michael W. Suleiman, "Early Arab Americans, the Search for Identity~ in Enc Hooglund, ed .. Crossing the l#1ters, Arabic Speaking lmmigrantJ to the United States Before /940. (w.lshington. D.C: Sm1th~onian Institution Press, 1987), pp. 37-54; and -Arab-Americans: Community Profile" m Jormzal Institute of Muslim Minon I)' Affairs (JTMMAJ 5. no. I (1983/4), pp. 29-35: and Adele L. Younis ... The First Muslims in America: Impressions and Reminiscences" in JJMMA 5, no. I (1983/4), pp. 17-28. 13e.g . Raymond Brady William!>, Religions of lnm1igro111s from /nc/ia and Pakistan. (Cambridge and New York: Cambridge University Pres~. 1988); and Salim Khan. "Pakistanis in the Western United States" m JIMMA 5. no. 1 (1983/4). 43-46. 1~e.g. see Muhammad Speaks (publication of 1he Nauon of Islam) and Malcolm Lillie and Alex Haley, Au10biograp/ry of MalcC/lm X. (New York: Ballantine Books. 1964). !!'See especially Edward W. Said. Orienta/ism . New York: Vintage Books, 1978; Michael C Hudson and Ronald G. Wolfe. ed~ .• Tire American Media and the Arabs. (Washington. D.C. : Center for Contemporary Arab Studies. 1980): the 1979 Intemational Press Seminar. The Arab Image in ~stem Mass Media. (London: Morns ln1emauonal Ltd .. 1980); Laurence Michalak, "The Arab in American Cinema: A Century of Otherness" in CineasrP 17, no. I (1989). pp. 3-9: and Cmel and Unusual: Nega1ive Images of Arabs in American Popular Culrure Second Edition. Issue Paper no. 15. ADC Issues. (Washington. D.C.: American-Arab Anti-Discrimination Committee). n.d.: and Janice J. Torry. Mistaken lde111ir)': Arab StereOl)pes in Popular Writing. (Wa&hington. D.C.: American-Arab Affairs Council. 1985). 161n May 1986 Lhe U.S. Justice Department's Immigration and Naturalization Service (INS) prepare() a 31-page document called "Alien Terrorist~ and Undesirables: A Contingency Plan." in which details for surveillance and detention of people are developed. Only Iranians and Arabs are mentioned explicit!) as posi,ible subjects. The plan states that the government would ~concentrate its counter-terrorism effons again~, panicu!ar nauonalities or groups known 10 be composed of certain nationalities (i.e. Muslims I. most probably those citizens of states known to suppon terrorism." (Cited in "Aliens face jail in plan." De1roi1 Free Press. July 7. 1987.) Kathleen Moore New Claimants to Religious Tolerance and Protection 141 only begun, although the primary focus to date has been almost exclusively on the distorted image of the Arab. It is important to examine the effects of the institutionalization of stereotypes of Muslims not only at the popular level but in other sectors of society as well, such as in education and government. How pervasive our common assumptions are about the world and those who occupy it is worth scrutiny. The purpose of my research is to shed some light on the character of the Muslim experience in North America by examining the responsiveness of legaJ institutions as Muslims seek recognition and tolerance. It will seek to clarify "the role of Jaw in constructing an authoritative image of social relations and shaping popular consciousness in accordance with that im- age"17 in the particular context of Muslim aspirations to be included within the paraqieters of a pluralistic society. How the law has been used to fashion categories of difference that may serve to exclude Muslims from full par- ticipation in society will be examined. The present study focuses on the ex- perience of Muslims in the United States and Canada in order to (1) provide a contemporary and concrete example which illustrates the functions of law in defining how society orders itself; (2) say something meaningful about the experience of a liminaJ group (a religious minority) in two seemingly similar contexts (liberal democratic states, one with a long tradition of text- based constitutional guarantees and the other with onJy brief e.xperience in this regard). and (3) contribute to the growing literature on Muslim life in the Americas. It has been noted that "Islamic scholars. students of religion, Middle East experts, and analysts of the American scene all tend to overlook the presence of Islam in America , or to dismiss it as of only marginal in- terest." 18 This project will add to the study of the long and rich heritage of North American practices of Islam and, specifically, to see how Muslims have emerged as new claimants to religious tolerance and protection in the North American setting. It undertakes to review the general evolution of legislative and judicial definitions of "religion" developed for the purpose of extending constitutional and statutory protection to unconventional faiths that deviate from societal norms that apply generally. 19 Special attention is 17"From the Special Iss ue Editors.~ law a11d Society Review 12, no. 4 (1988). p. 631. ldYvonne Y. Haddad , "A Century of Islam in America." The Muslim World Today Occasional Paper no. 4 . (Washington. D.C. : Islamic Affairs Programs of the Middle Easr Institute. 1986). p. I. ~iscussion of definitions of "religion- can be found in several law review anides including Freeman. "The Misguided Search for the Constitutional Definition of "Religion- in Georgetown law JoumaJ 71 (1983); and Note, .. Soul Rebels: The Rastafarian~ and the free E.x.ercise Clause~ in Georgetown l.Aw Journal 72 (1984). 142 The American Journal of Islamic Social Sciences Vol. 6, No. l, 1989 given to judicial and legislative considerations as to whether Islam and Muslim practices constitute protected ''religion." The main part of the study then examines the locations in which Muslims' claims have emerged: in courts, zoning boards, Selective Service boards, military tribunals, human rights commissions, and legislatures. The language found in the responses of courts , legislatures, and executive boards and com- missions to the attempts of Muslims to negotiate their place in society - in pri sons, the workplace, the military, and the neighborhood - is signifi- cant. An analysis of it will help to reveal the connection between American and Canactian Muslims' claims for religious tolerance and the production of ideologies - elaborations of ctifference, its value and the wisdom of tolerance of difference - at the local and national levels in the United States and Canada. Material for the study is drawn from American and Canadian statutes, jucticial opinions, legal briefs and other legal and legislative documents involving Muslims . lt is argued that the extent to which Muslims' claims for tolerance have been accommodated depends upon a number of factors inclucting: (1) the specific historical moment (war, hostage crisis, etc.) ; (2) the perceived strangeness of Islamic beliefs and practices and the threat they pose to the fundamental values of the dominant culture; (3) the size, expansionist tenden- cies and assimilation patterns of Muslim groups; (4) the material costs of tolerance; and (5) support of third parties (i.e. , as advocates of religious tolerance). A study of the particular circumstances and claims of Muslim communities for tolerance and acceptance as part of the North American landscape will help to illustrate the extent to which the norms of culrural pluralism are realized at the local and national levels. Only an analysis which takes into considera- tion the realities of a community which continues to encounter prejudice and misunderstanding despite promises of equal treatment can help us better understand the responsiveness of important mechanisms that are designed to promote the core values of the larger society.