The Sharia Court Judge: Amy Coney Barrett

The Sharia Court Judge: Amy Coney Barrett

October 25, 2020

Since 1802, when Thomas Jefferson stated that “a wall of separation between Church and State” was a foundational element of American democracy, the Supreme Court has repeatedly cited Jefferson’s words, upholding the principle that secular law “trumps” the beliefs of any individual faith in the United States. In the last few years however, the term “religious freedom” and the aim of the Religious Freedom Reformation Act, which would empower citizens to ignore anti-discrimination laws if they feel they conflict with their religious beliefs, is diverting America from the path of being a secular State towards one of a theocracy, justifying discriminatory practices as a religious right. The nomination of Amy Coney Barrett is a dangerous next step down the path of undermining the wall of separation between Church and State which, for over two centuries, has been foundational to American democracy.

As the leader of a Muslim organization, I recognize all too well the trappings of religious laws and have repeatedly challenged the human rights abuses justified in the name of Islamic sharia law. Sharia law-- laws that claim to be “God’s law” -- governs most Muslim societies.  In essence they are simply the extrapolation of men’s understanding of the sacred texts, often in practice of misogynistic, homophobic, and in violation of the most basic human rights norms.

Similarly, in America, we are increasingly seeing lawmakers legislating their understanding of the Bible, and judges interpreting laws and the Constitution, through the prism of their Christian beliefs. Barrett herself has famously said that “a legal career is but a means to an end … and that end is building the Kingdom of God.” How is this view any different than Islamic sharia law?   Theocracy of any variety promotes the superiority of one group over another, which breeds moral corruption, and thus promotes the violations of basic human rights of those who do not follow the “right” faith tenets.   This, on its face, is an assault on America’s most cherished principles of jurisprudence.

We already have had a preview of a world in which secular law takes a back seat to religious belief.  In County of Santa Clara vs. HHS, groups like Lambda Legal have (so far successfully) brought suit against the Trump Administration to block a proposed new HHS rule that would allow health care providers to deny medical treatment and services to patients because of personal religious or moral beliefs, and to allow the government to strip health care facilities that do not comply of federal funding. We know that this, or a similar case, is destined for the Supreme Court, and I am deeply concerned about how Judge Barrett would rule, given her stated belief and past record.  If our policies start allowing health care decisions to be made not based on the needs of the patient but on the beliefs of the provider, we will technically be a theocracy.

Amy Coney Barrett is, in essence, a Sharia Court Judge. The heart, soul and intellect imbued in her brand of Christianity and legal philosophy, clouding the secular American constitution, is a threat to two centuries of American jurisprudence. She must not sit on the Supreme Court bench.

Ani Zonneveld is the founder and President of Muslims for Progressive Values.

Her full CV can be found here.