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Rabbi Arthur Waskow

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Imposing 'Sharia': Roman Catholic Version

Posted: 02/27/2012 12:42 pm

During the last few weeks, we have seen an outrageous attempt to impose sharia law on the US government and the American public.

NOT Muslim sharia; it is Roman Catholic "sharia" about contraception that the US Conference of Catholic Bishops has been trying to impose on Americans of all faiths and beliefs who happen to work at a Catholic-sponsored hospital or university.

Have Muslims been campaigning to impose sharia law on US courts? NO! Of the many faces of Islam in America, the face of the future -- open in wonder and questioning -- is the one our society could be, should be, encouraging. This one:

Yet the same voices -- Fox News, various candidates for President -- that have bitterly attacked non-existent attempts by American Muslims to impose sharia on the public have not criticized this actual real-life attempt at doing so by the bishops. Indeed, many of these same voices have supported the bishops.

The bishops warned about "religious oppression" even when the Catholic Hospital Association celebrated the arrangement that the Obama Administration worked out, making sure that health insurance companies will pay for free contraception without involving the Catholic-sponsored employers who might object.

The only threat to religious freedom was the attempt by the bishops to deny religious freedom to the employees of those institutions -- Catholics and others -- whose religious consciences are totally at peace with the use of contraception.

Nobody is preventing the bishops from preaching their version of God's will. Their problem is that they have not persuaded Catholic women. (98 percent of them use artificial contraception; the rate among non-Catholic women is 99 percent). Perhaps the "flock" are not so sheep-like as to blindly obey teachings on sexuality from an all-male, all-celibate hierarchy.

Similarly, the Philadelphia Inquirer just reported (Feb 20, p. 1) that Catholic hospitals have in the last few years tied the tubes of thousands of women who after birthing a child asked for the procedure. The operation sterilizes them. No more kids. It violates Catholic religious law. Yet thousands of Catholics wanted it, and the hospitals affirmed their conscientious decision. Are the bishops playing games here? To benefit whom?

The bishops are asserting that the only "Catholic" consciences that count are those of -- surprise! -- the bishops! Not parishioners, not women, not the adults who as children were molested or raped by priests who were protected by the bishops. This world-view mirrors and strengthens the similar view in other sectors of our society:

That "the economy" is made up of huge corporations and Wall Street bankers (certainly not disemployed workers or de-housed families);

That "the military" means generals and admirals, not soldiers whose arms, legs, genitals, minds and even souls (through post-traumatic stress) have been blown apart;

And so on.

In other words, the 1 percent matter; the 99 percent do not. Those who brag that "The Church is not a democracy" might better ask themselves, "Why not?" Indeed, in the early centuries of the Church the people of Rome and other cities took part in electing their bishops -- in Rome, the Pope. Time to renew the tradition, and not just in Rome?

Meanwhile, if we are seriously trying to assess the role Muslim sharia might play in American law and society, we might learn a great deal from the role of Jewish religious law. For halakha (Hebrew for "the path") is a path of Jewish law quite parallel to Muslim sharia in its place in the USA.

In the USA, each -- halakha and sharia -- applies only to those who choose to follow it.

Each is subject to varied interpretations. Indeed, since there is no central hierarchy in either Jewish or Muslim communities -- no "Pope" -- it would be a great deal harder for either community to impose sharia or halakha on the rest of the country than it is for the Roman Catholic bishops.

(But I must acknowledge that on some foreign-policy issues, the Government of the State of Israel is able to mobilize so-called "mainstream" American Jewish organizations for unanimous support in ways similar to how the Vatican can mobilize the bishops on contraception, stem-cell research, etc -- even when the grass-roots of each community disagrees.)

In almost all cases, Americans can invoke US law to enforce sharia or halakha only when two people have made a contract to live by some specified authority's interpretation of that path. In that way it is no different from any contract to accept an arbitration authority that two Americans of any sort might make with each other, and then might go to court if one party tries to break the contract.

The only case in which halakha might be said to become American law is that in about a dozen states, there is a legal provision that no one can label meat "kosher" unless it has been slaughtered according to the traditional (some laws even say "Orthodox") Jewish practice.

Even this law about labeling is minimally coercive. Anyone, Jewish or otherwise, is allowed to decide what s/he considers "kosher," no matter what label it might or might not have, and anyone, Jewish or not, is free to eat food that no one would label "kosher."

And no one can invoke sharia or halakha or Roman Catholic canon law or Amish custom to justify violating American law. Thus, no one is allowed to stone an adulterous woman or a rebellious child to death, even though the Bible provides for it, even if the victim has previously agreed to observe biblical laws.

All this because of the First Amendment, one of God's best creations. Because of it, all Americans of any belief-set are free to follow or not follow or variously reinterpret the formal law-code of our religious or ethical community. And we are free to worship as our own consciences teach, not under dictation by the government or even by the official leaders of our own communities. Like this: Look again, pause, contemplate the living future of Islam in America: Questioning. Wondering. Loving.

So the bitter attacks on the fantasized non-existent danger that Muslim sharia might be imposed on Americans has something other than the love of religious freedom behind it. There are three roots to this poisonous tree:

The fear of people who are "different" from the majority. That used to mean fear of "Commie" Jews, "rapist" Black men, "disloyal" Japanese-Americans, the "drunken" Irish or "Mafiosi" Italians. Now it is the Muslims who are seen as "different." Not only different, but "terrorists."

This fear of the stranger has always been worse when large numbers of Americans felt the US was in trouble, from a foreign war or a domestic economic disaster or the "breakdown" of an old moral and cultural system, on the way to a new one. At this moment in the 21st century, all of these -- very long unwinnable wars, massive disemployment, cultural transformation -- are frightening people.

So: A Catholic bishop or an evangelical preacher who is frightened that the old-fashioned family is dissolving, may resort to religious coercion to punish those who are moving in a new direction (using contraception to enjoy sex without having babies, having babies without getting married first). Or a factory worker whose job has been shipped overseas, or a veteran tormented by terrible flashbacks to his buddies' bloody deaths in a pointless war, may in panic that their America is swooshing down the drain, blame some "foreign force" - Hispanic immigrants or American Muslims -- for taking their America away.

And some politicians see those fears as useful to play on, to reorient parts of the public away from issues of wealth, power, justice, equality, community. From failed wars and taken-away jobs and foreclosed homes.

So -- what do the rest of us do? I recommend one action:

Write your local newspaper, post on your FaceBook page, send out as widely as you can -- a brief letter along these lines (but in your own words):

Dear editor, I am horrified that all-male, all-celibate Roman Catholic bishops would try to manipulate governmental power in order to impose their own theology about contraception - one that 98% of Catholic women reject -- upon women of any and all faiths and beliefs who work in hospitals and universities. This is exactly the behavior that some people hysterically ascribe to Muslim sharia, though American Muslims have never even proposed or attempted doing what the bishops have just done. It would be - it is -- outrageous for any religious group to impose its theology on the public. And it is outrageous to falsely accuse Muslims or any other community of imposing its will in this way.

Speak up! -- Write on! --- for religious freedom from the grass-roots up, against religious coercion by any power elite that cloaks itself in religious garb.

With blessings of shalom, salaam, pax, peace -
Arthur

 
 
 

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HUFFPOST SUPER USER
Heidi McClure
06:03 AM on 03/08/2012
Thank you SO much for saying this, rabbi.
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HUFFPOST SUPER USER
mommadona
I paint. I blog. Therefore, I am.
11:42 AM on 03/09/2012
Ditto ~
HUFFPOST SUPER USER
shelleybear
02:08 AM on 03/08/2012
As a member of the G.L.B.T. community, I resent the Roman Catholic church forcing it's agenda on those not of it's faith.
Their continued support of and donations to political parties to influence policy is unacceptable. Their tax exempt status must be revoked, and they must be subjected to the full application of the doctrine of separation of church and state.
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HUFFPOST SUPER USER
Killermolls44
The night is dark and full of terrors.
12:36 AM on 03/08/2012
You sir, make rabbi's look like very wise people.
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Randall Winn
03:54 PM on 03/08/2012
Jesus was a rabbi ya know!
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plankbob
11:34 AM on 03/07/2012
Thank you, rabbi.
07:45 AM on 03/06/2012
Still trying to figure out who this article insults more, Catholics or Muslims. And he is the director of an institute that is supposed to promote interfaith understanding?
I hope the next prospective donor googles this article before he writes a check.
03:26 AM on 03/03/2012
One additional point: The Roman Bishops say that they are being forced to use "their money" to buy contraceptives. This is false. They are using my money, my insurance, my co-pays, our medicare, and our medicaid. So they want to use MY MONEY to impose their dogma on me! And we should get rid of the phrase "Catholic-sponsored". The hospitals are certainly controlled by the Roman Catholic Church. Many of them were not started that way and none of them are "sponsored" to any significant extent.
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11:35 PM on 03/04/2012
how are they using your money ? catholics,byzantine,orthdox christians etc all pay taxes and ANY hospital known as catholic most certainly WAS STARTED BY THEM ,treated the poor and continues to treat the uninsured etc UNTIL THEY GO BANKRUPT--there is not one catholic hospital remaining in nyc due to MEDICAID stalling THEIR reimbursements.

and this so called liberal rabbi hs absolutely NOTHING to say here as well.

God's Law remains God's LAW regardless of huffingtonpost ,him and his OPINION and God does NOT reside in washington dc either.

and celibate priests did NOT write or even interpret God's Laws either. so keep exposing yourself for the LACK of any God like knowledge,and again no liberal rabbi has one thing to say here either.
12:38 AM on 03/08/2012
The thing is, the First Amendment means you can't use "God's Law" in the courts. Because we all don't agree on it (regardless of how you feel about it being right), it's inappropriate to apply it universally. You wouldn't appreciate Sharia law being applied to you, I don't appreciate Christian law applied to me.

Secondly, it's our money via our insurance. We pay the premiums, and yet for some reason employers are getting to control how we spend our money. With birth control, they're actually controlling how we can save our money (birth control drops the rates of insurance premiums).

Thirdly, the Catholic Church barely pays any taxes at all. Nowhere near as much as they should, for all the damage they get to cause and power they get to wield.

Yes, celibate priests did interpret "God's Law". Abstract texts from several thousand years ago do not come pre-interpreted, and the interpretation tends to shift over time. If this weren't the case, please explain the First and Second Council of Nicea.
11:03 AM on 03/08/2012
"catholics,byzantine,orthdox christians etc all pay taxes"

The church doesn't.

And it's the church who is forcing this down our throats.

Tax the church.
03:25 PM on 03/01/2012
Rabbi Arthur, I enjoyed your article. I left the Catholic Church recently. I am transgender and the church didn't react well to me. There are many fine and holy people and religious in the church, but many of the Bishops are in the words of Jesus, "Greatly misled." They are welcome to their opinions, but it is not acceptable for them to hurt others through their actions. I am pleased that my disgust with the church has led me to try to learn more about other faiths. Everyone has value and pieces of the truth and I enjoy the diversity. I feel that my experience as transgender gives me a unique perspective and ability to try to see more than one side of an issue - I am a translator.
07:04 PM on 02/29/2012
Since when is voting coercion?
12:39 AM on 03/08/2012
Voting for a representative isn't coercion, but Congress is most certainly capable of coercion.
11:04 AM on 03/08/2012
Which was demonstrated when Republicans met with the Council of Bishops and then came out of the room declaring war on contraception.
01:07 PM on 02/29/2012
After reading his article, I would like to ask Rabbi Weskow a question. If the Obama administration decided to help the meat processing industry, they would specify that all packaged meat products of beef, pork, chicken, meat scraps, etc. would hereby be labeled just "meat", even if it was "kosher",would he be OK with that liberal interpretation of "meat"?
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11:39 PM on 03/04/2012
he's a lib so it would depend upon what mood he'd be in at the time of getting that notification.
05:14 AM on 03/08/2012
Maybe a better question would be to ask him how he feels that his money (and the tax dollars of other Jewish Americans) is being used to buy pork products to feed to American school children, soldiers etc and if he feels this is some terrible assault on his faith. Or, you know, if he feels it's against HIS religion to eat pork that he doesn't feel the need to try and stop other people eating pork.
01:03 PM on 02/29/2012
After reading his article, I would like to ask Rabbi Weskow a question. To help the meat processing industry, would it be ok if the Federal government changed packaging laws to specify all meat, beef, pork, chicken, meat scraps, etc. to just be called "meat" on the label, even if it was labeled "kosher"?
07:48 AM on 02/29/2012
The decisions about what is the proper medication for a person to use is between the doctor, the patient and the FDA....not an employer. The apt analogy is what happens if your employer does not "believe" in blood transfusion. Does that give that employer the right to limit your health care benefits so that any blood transfusions will not be paid for? No. Because blood transfusions are an accepted treatment. Birth control medications are also an accepted medical treatment for many conditions (above and beyond avoiding pregnancy.) Employers have no right to limit coverage for that treatment based on the employer's religious beliefs.
alto2
I fed my micro-bio to the microfiche.
06:29 PM on 03/05/2012
Well-reasoned, and the perfect answer for the objection currently being raised regarding provisions for birth control medications. If one's employer happens to be a member of the Church of Christ, Scientist, then one may truly be in trouble, with regard to what medications that employer might wish to see provided by health insurance plans!
09:41 PM on 02/28/2012
So, "Hey you are infringing on my first amendment rights." now counts as sharia law?
It's surprising to me that a rabbi would advocate forcing a religious group to subsume its religious rights to the state.

Let's cast our minds back to a time when the Jewish community in Germany wished they had the protection of the first amendment and the state assumed control over religious freedom, shall we?
Fast forward to Nuremberg when we convicted me for putting the state before their conscience. We decided then that "just following orders" wasn;t good enough.

Voting against a politician or writing letters to one's congressman is hardly imposing sharia law. The Catholics are asking for a simple exemption, nothing the Quakers or Amish haven;t asked for. And its not like the Jewish community never wrote letters defending its rights. As well they should.

Good for you, Catholics. You keep protesting. It's the American way.
07:21 AM on 02/29/2012
False equivalency. No one is being forcibly required to relinquish their possessions and interred. The pope-worshippers are requiring society to conform to their conception of the nation, not the actuality of the history.The ideas which give rise to this tradition are for the most part extra biblical creations of the early church fathers. Again and again when Roman Papists are required to use the bible as the source for their gnostic ways, they fail and the flock in the US sees through them. It is left to the papal Bin Laden's to finish this effort.
07:46 AM on 02/29/2012
Nobody is forcing its will on the society. Catholics are simply asking for an exemption. Nothing we haven;t given others and look, we are okay.
07:10 PM on 02/29/2012
Pope worshippers? Now we know where you stand.
09:25 PM on 02/28/2012
Whats with this comment Rabbi? Are you really a Rabbi? You are speaking with a lot of emotion and very little understanding of the facts. But must be just to get readers riled up and keep u in the paper. Okay u got me. Remember your history. Now its the Catholics, then it might be you. Obama followers might dislike your title and order you to drop it in public. But its okay to use it in the synagog, just leave it there. People feel threatened because they don't understand what your title means...but the government will give u 13 months to comply!
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xenubarb
Nebulon V
08:27 PM on 02/28/2012
Well, I used to think all the hoohah about Sharia law was just a bunch of rightwing fearmongering.

I used to, until I read the story about the assault by a Muslim on Zombie Muhammad at a Halloween parade. The judge refused to view the video evidence of the assault and dressed down the plaintiff for "insulting Islam." He then proceeded to re-interpret the First Amendment into something he wishes it were rather than what it actually is. The defendant walked.

Sharia law, delivered in an American courtroom. I was wrong. This better be pinched in the bud right now or we'll all be paying fines for leaving our burqas home. (I hyperbolate, but look here. If I don't have the freedom to dress as Zombie Muhammad without being assaulted by Muslims, the First Amendment ain't worth the parchment it's written on.
05:41 AM on 03/08/2012
I head about the zombie Muhammad case as well and, like you, I thought, oh great, here it comes. But I looked into the case a little more and it turns out the first amendment had nothing to do wth the case being dismissed. The fact is the only evidence of the assault was a video that did not actually capture the attack as the camera was aimed else where. You can hear a guy say "hey, he's attacking me" but you can't see anything. The prosecution had no witnesses to testify either, so the case was dismissed due to lack of evidence, not because of any re-interpretation of the first amendment. Religion had nothing to do with it either. There is no way to hold a trial without evidence. On another note, I do believe all the hype about Sharia law is right-winged fearmongering. I hope this helps ease your mind about it all.
11:07 AM on 03/08/2012
Apparently you missed the whole part where the Muslim man admitted in court he assaulted him.
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see-ellen2001
06:24 PM on 02/28/2012
This was fantastic, Rabbi. Everything is ok as long as it ISN'T requested by Muslims.
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11:43 PM on 03/04/2012
islamics are already exempt.
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see-ellen2001
07:43 AM on 03/05/2012
Islamic is an adjective not a noun. You were perhaps looking to use Muslims?