The End of Racial and Religious Profiling in America?
by Nadia S. Mohammad, guest conributor
As the American public reads of yet another report released on governmental surveillance of Muslim American communities, it is refreshing to know that for the first time since the 9/11 attacks, the US Senate Judiciary Committee, along with various state legislatures and federal agencies, are directly addressing long-held public concerns about racial and religious profiling — a practice within law enforcement that relies solely on race, religion or ethnicity to determine possible criminal activity. With these recent developments, could we finally be seeing the beginning of the end of racial and religious profiling in America?
The Senate hearing on racial profiling, initiated by Illinois Senator Richard Durbin, took place in conjunction with Durbin’s co-sponsored bill, the “End Racial Profiling Act of 2011” (ERPA), on April 17. Racial and religious profiling has become a particularly sensitive issue for Muslim Americans in the past decade, although it affects multiple racial, ethnic, and religious minority groups in the United States. In the United States, some assume that all individuals of South Asian or Arab descent are Muslim, and that being Muslim is somehow dangerous — which has led to members of these ethnic groups being profiled. Such practices violate the constitutional right to equal treatment under the law; moreover, racial and religious profiling is ineffective as it is based on unreliable assumptions about minority groups, rather than criminal behaviour profiles.
ERPA would also provide for additional training to help law enforcement, government officials, and neighborhood watch groups avoid using such tactics.
The political debate on the effectiveness of racial and religious profiling by law enforcement goes back several decades. Interestingly enough, when it last garnered high-profile political attention, it was former President George W. Bush who proclaimed, in a February 2001 address, that racial profiling is “wrong and we will end it in America.” He went even further to say that ending racial profiling practices would not compromise security.
Then came the attacks of 9/11 and what Bush once dubbed as “wrong” became an excusable right, in the name of national security. “In the national trauma that followed 9/11, civil liberties came face to face with national security”, said Senator Durbin, and all too often the promise of national security won, at the expense of Muslim Americans and other Americans who appeared to be Muslim.
The ERPA hearing comes at a time when racial and religious profiling is being actively challenged across the nation. Numerous civil-rights advocates and legislative officials have called for an investigation and independent nonpartisan oversight of the New York Police Department (NYPD), after it was reported that the NYPD systematically surveilled Muslim Americans and certain ethnic minorities in the area without probable cause.
After several police officers were arrested for illegally targeting and harassing Hispanic Americans in Connecticut, state legislators passed a definitive bill prohibiting “the stopping, detention, or search of any person” due solely to “race, color, ethnicity, age, gender or sexual orientation.”
The decades of grassroots organizing have also allowed civil-rights groups to provide the public with better tools and technology to empower themselves when faced with harassment by law enforcement. The Sikh Coalition, for example, recently launched a mobile application that allows travellers to file direct complaints with the government if they feel they have been unfairly profiled. In turn, these groups have been able to provide advocacy organisations and legislators with better assessments of the extent and the overall ineffectiveness of racial and religious profiling.
Some federal agencies, after public pressure, are taking measures to prevent organisational discriminatory practices. Both the military and FBI have initiated steps to review their training materials, due to recent reports of their use of severely Islamophobic materials. Last month the Chairman of the Joint Chiefs of Staff for the US armed forces ordered a review of the military’s training material in its entirety to ensure it does not contain Islamophobic content. This month, the FBI is holding workshops titled “Combating Islamophobia: Truths and Myths about Islam.”
While it is difficult to tell, at this point, what the standards of either the military or the FBI are in determining what constitutes Islamophobic material, the attempt to instill better standards is a small step forward.
The passing of ERPA would be a significant achievement at the federal level, but undoing the damage of decades of racial and religious profiling will be a lengthy process. This is only the beginning — in going forward, more legislators and law enforcement agencies will also need to critically examine their discriminatory practices and materials while allowing for greater transparency. Local and federal law enforcement officers will need training to better understand and spot possible criminal behavior using more effective practices than racial profiling.
In ending racial and religious profiling and ensuring our civil-rights are protected, it is important to remember that we are not compromising our security; instead, we are enhancing our safety and building stronger working relationships between law enforcement and community members.
A version of this article was published by the Common Ground News Service on May 15, 2012. Copyright permission is granted for publication.
The Politics of Religion and Regionalism on the Canadian Supreme Court
by Michael Sohn, guest contributor
Canada’s Supreme Court Justices pose for a photo at the Supreme Court of Canada in Ottawa on November 14, 2011: (bottom row, l-r) Morris Fish, Louis LeBel, Chief Justice Beverley McLachlin, Marie Deschamps, Rosalie Abella; (top row, l-r) Michael Moldaver, Marshall Rothstein, Thomas Cromwell and Andromache Karakatsanis. (photo: Blair Gable/Reuters)
Last year when Justice John Paul Stevens retired from the Supreme Court and was replaced by Justice Elena Kagan, it provoked some concern over the religious and regional backgrounds of the members who served on the nation’s top bench. With six Catholics and three Jews, it marked the first time in American history when no Protestants held a seat. And no less than four sitting justices hailed from New York City alone (Scalia, Ginsburg, Sotomayor, and Kagan are from Queens, Brooklyn, the Bronx, and Manhattan respectively).
The discussions over the religious and regional background of justices, however, have now largely subsided or been summarily dismissed. The notion of the Protestant seat that could somehow represent the varieties of Protestantism in America was as fanciful as the notion of an essential New Yorker who could not grasp legal issues beyond her city limits.
The politics of religion and regionalism, however, took on new life from a different angle in the Canadian context. When Justices Andromache Karakatsanis and Michael Moldaver were sworn in on November 14, 2011 to the Supreme Court of Canada, it signalled both deep continuity and significant change within its history. By law, at least three members of the Court are required to be from Quebec; by convention, an additional three are from Ontario and three more are from other provinces.
The apportionment of seats along strict regional lines is rooted in the historical origins and conception of the Canadian Confederation and the aspiration to form a federalism that respected and recognized the distinctiveness and particularities of regional identities. Indeed, the fear of alienating regions and provinces was so acute in those early days that it even led some to suggest that the Court travel around the new country to hear proceedings. That both newly appointed justices, then, hailed from Ontario and that they were replacing seats which were vacated by justices from Ontario followed the time-honored traditions and customs of the Court to maintain regional diversity.
One of the consequences of the institutionalization of regional diversity on the Canadian Court was that it engendered both religious diversity and uniformity. On the one hand, as most Quebec justices were Catholic and most justices from the other provinces were Protestant, it created a kind of religious diversity that was unusual for its time. A seat vacated by a Catholic went to a Catholic and similarly a seat vacated by a Protestant went to a Protestant. It was not until 1924 when that custom changed, when Justice Abbott became the first Protestant from Quebec to serve on the Court.
On the other hand, there was maintained a kind of ethnic and religious uniformity. For much of the Court’s history, justices were almost exclusively from a French or British background with at least a formal connection to a Christian religious group. It was not until 1970, when Bora Laskin was appointed, that a non-Christian took a seat on the Court. The appointments of Justice Andromache Karakatsanis, the first Greek Orthodox, and Justice Michael Moldaver, a Jew, attest then to the changing religious diversity of the Court.
The issue of religious and regional representation on the Supreme Court was symbolically important from its inception; at stake was the very issue of federalism that has become further complicated in an increasingly multicultural society within the bilingual constitutional framework of Canada. Perhaps the greatest testimony of this was when Karakatsanis used not only French and English in her swearing-in ceremony, but paid tribute to her cultural heritage in Greek.
Michael Sohn is a Ph.D. candidate in Religious Ethics at the University of Chicago Divinity School and a Martin Marty Junior Fellow for 2011-2012. His dissertation is entitled The Good of Recognition: Phenomenology, Ethics, and Religion in the Thought of Levinas and Ricoeur.
This essay is reprinted with permission of Sightings from the Martin Marty Center at the University of Chicago Divinity School.
Church Bells in Tochimilco, Mexico: An Old Feud Revisited
by Christoph Rosenmüller
©Javier del Rio/Flickr
I spent a few weeks last summer in the Mexican town Tochimilco, a municipalidad in the state of Puebla. Set to a breathtaking scene with the majestic Popocatepetl Volcano in the backdrop, this charming town boasts a former Franciscan monastery built in the sixteenth century.
In this quaint town, which is about a four-hour bus ride from the bustling megalopolis Mexico City, the church bells ring every quarter of an hour. Every full hour the large loudspeakers mounted on Tochimilco’s town hall broadcast secular tunes such as the canción mixteca, a song on the emigrants’ plight. The chiming and broadcasting go on through the night. I found myself waking up at three in the morning to the sound of “Mexicans, at the Cry of War,” the stirring national anthem.
The government makes an audible point that it has the right to keep its citizens apprised of important civic events and the time, and does not yield this to the Church. In some ways this is part of the long-standing rivalry between the secular and religious power dating back to at least the colonial times of New Spain, as Mexico was then known (1521–1821).
In 1508, the kings of Castile obtained the patronato, the right to appoint bishops and other important clerics in the Americas, thus expanding the royal influence over the Church there. In the mid-eighteenth century, the crown began evicting the friars from the indigenous parishes (Tochimilco in 1767), and in the first decade of the nineteenth century, the crown seized much of the Church wealth that was given as credit to debtors. In the nineteenth century, the Liberals issued the Reform Laws, establishing religious freedom, and wresting from the Church the civil registry as well as much of the remaining Church land. Finally, the Constitution of 1917, born out of the violent upheaval of the Mexican Revolution (1910–1917), decreed the nationalization of even the church buildings. In practice, however, the laws have been loosely applied in the past decades, so that the priests retain much control over the buildings.
In 2010 the PRI, the party of the Mexican Revolution, was voted out in the municipal elections of Tochimilco and replaced by the more Catholic-leaning PAN party. Local relations between the municipality and the Church became more amicable. The government turned down the volume of nightly broadcasts. Still, Tochimilco (in the native tongue Nahuatl: the place where the rabbits abound in the corn field) remains by all measures a Catholic town. A bordello was recently shut down, and the Protestants play only a minor role, if any, here, although they flourish in other towns of the area.
In the neighboring town Magdalena Yancuitlalpan (in Nahuatl: place of the new land), one of the few remaining Nahuatl-speaking communities in the area, several people insisted that their town was even more devout. A large sign over the church entrance implored the Virgin Mary to protect the town’s offspring living in New Jersey.
All Church services, including weddings and burials, are broadcast via loudspeakers. At noon Schubert’s Ave Maria rings out, soon followed by announcements that fresh meat is sold at the stand next to the church. The temple uses the loudspeakers along with the auxiliary town hall (junta auxiliar). The community largely agrees to this arrangement, it seems, given its scarcer resources and the more traditional outlook. Even visitors from Mexico City find it remarkable that in times of electronic communication, which some inhabitants of the two towns use avidly, the loudspeakers still play such a commanding role.
In any case, the PRI on the national level emphasized the pre-Hispanic origins of Mexico and invested much in restoring the pyramids. In 2000, however, the PRI lost the presidency of the country to the PAN. The change fostered a greater political appreciation for the colonial arts and architecture that contributed much to the Hispanic and Catholic heritage of the country. The National Institute of Archeology and History (INAH) is busily restoring the colonial ex-cloisters. About a year ago, INAH finished its work on Tochimilco’s Asunción de Nuestra Señora church. This imposing temple is a part of a chain of stunning monasteries in the foothills of Popocatepetl, which were added to the UNESCO World Heritage List. This shines a bright light on Mexico, especially considering all the bad news coming from the border. Now if they could just turn down the speakers a little bit at night…
Christoph Rosenmüller is associate professor in the History Department at Middle Tennessee State University. He is the author of Patrons, Partisans, and Palace Intrigues: The Court Society of Colonial Mexico, 1702–1710.
This essay is reprinted with permission of Sightings from the Martin Marty Center at the University of Chicago Divinity School.
I had an opportunity to read the speech, and I almost threw up. In my opinion, it was the beginning of the secular movement of politicians to separate their faith from the public square, and he threw faith under the bus in that speech.
The GOP presidential candidate, who, like John F. Kennedy, is also Roman Catholic, was speaking to a group at the College of Saint Mary Magdalen in Warner, New Hampshire in October when he made this comment about JFK’s seminal speech in 1960 in which the then-Democratic presidential candidate expressed his faith in the separation of church and state.
Photo by Gage Skidmore/Flickr, cc by-nc-nd 2.0
~Trent Gilliss, senior editor
Don’t Believe Them
by Trent Gilliss, senior editor
As if Ariel Dorfman’s poem “Testament” isn’t powerful enough, Harold Pinter had to read it. Chilling. Devastating.
I started praying when I came to Treasury. At Goldman, I didn’t pray. Not once. ‘Cause I just didn’t care. At Treasury, there were so many times.