Congress: Religion and the Law
The 112th Congress (2011-2012) has been deeply involved in debates about the role of religion in American public life. Numerous bills related to religion have been introduced in the Senate and the House of Representatives. Most of these bills will be shelved during the legislative process, and will not become law. Others, if passed, would have a significant impact on public policy at home and abroad.
Below are the major religious issues the 112th Congress has taken on, including bills introduced and committee hearings convened:
- Health Insurance and Birth Control
In January 2012, the Obama administration announced a new policy requiring religious organizations (excluding places of worship) to offer their employees access to health insurance plans that cover birth control for women. Many Members of Congress have strenuously resisted this new policy, introducing legislation to prevent its implementation and assailing it in Congressional hearings.
- Hate Crimes
Hate crimes, as defined by federal law, are criminal acts motived by the assailants’ prejudice against the victims’ religion, race, ethnicity, disability, gender, or sexual orientation. Members of 112th Congress have proposed three measures to strengthen the ability of federal law enforcement authorities to combat hate crimes, including crimes motivated by religious bias.
- Promoting Religious Freedom Abroad
Supporting freedom of religion abroad is a basic element of U.S. human rights policy. Members of the 112th Congress have introduced nearly 20 bills to promote religious freedom in various countries and regions of the world. The House Foreign Affairs Committee has convened three hearings on this issue.
- Religious Extremism in America (and the Terrorist Threat Abroad)
Since the terrorist attacks of 9/11, Congress has been deeply involved in the formulation of U.S. policy to combat religious extremism at home and abroad, with a principal focus on Islamic extremism. Several Senate and House committees of the 112th Congress have held hearings on counter-radicalization, religiously motivated terrorism, and sectarian conflict in regions of the world critical to U.S. interests.
- Religion in Public Schools
The 112th Congress continues the generations-long tradition of debating the place of religion in public schools. Two measures await consideration: (1) A simple resolution supporting prayer in school board meetings and (2) a proposed amendment to the U.S. Constitution prohibiting the government from preventing prayer on public property, including schools.
- Religious Organizations and Political Campaigns
A 1954 law banning non-profit organizations (including religious groups) from participating in political campaigns continues to generate dissent. A House resolution introduced in the 112th Congress seeks to ensure that religious groups can campaign for or against political candidates without losing their tax-exempt status.
- Religion in the Military
Growing religious diversity within the Armed Services, along with controversy over the Obama administration’s repeal of the military’s “Don’t Ask, Don’t Tell” policy, drives much of the Congressional debate over religion in the military.
- Protecting Religious Practices (Circumcision)
In 2011, a local ballot initiative in the city of San Francisco, which sought to ban circumcision of boys in the city, sparked a heated debate in California. Representative Brad Sherman responded by introducing a bill to prohibit state and local governments from instituting such a ban.
- Commemorating/Supporting Religion
Numerous measures introduced in the Senate and the House seek to commemorate or express support for religious symbols or traditions, from the King James Bible to the festival of Diwali (the Hindu “Festival of Light”).
Religious Extremism in America Congressional Action 112th Congress (2011-2012)
The terrorist attacks of 9/11 awakened Americans to the danger of al-Qaeda and the extremist interpretation of Islam propagated by Osama bin Laden. Over the following years, a number of terrorist plots (and a handful of successful attacks) planned or conducted by radicalized American Muslims raised concern about the reach of such ideologies into America’s Muslim communities.
During the 112th Congress, several Congressional committees have investigated different aspects of radicalization among American Muslims. A series of hearings convened by the House Homeland Security Committee, under the leadership of Representative Peter King, has generating the most controversy. A parallel hearing, held by the Senate Judiciary Committee’s subcommittee on civil rights, investigated potential persecution and discrimination against American Muslims.
Hearings on Religious Extremism in America
- Homeland Threats and Agency Responses
Senate Committee on Homeland Security and Governmental Affairs September 19, 2012
- Lessons from Fort Hood: Improving our Ability to Connect the Dots
House Homeland Security Committee Subcommittee on Oversight and Investigations September 14, 2012
- Eleven Years Later: Preventing Terrorists from Coming to America
House Homeland Security Committee Subcommittee on Border and Maritime Security September 11, 2012
- Eleven Years after 9/11: Can TSA Evolve to Meet the Next Terrorist Threat?
House Homeland Security Committee Subcommittee on Transportation Security September 11, 2012
- Understanding the Homeland Threat Landscape
House Committee on Homeland Security July 25, 2012
- A Decade After 9/11 Could American Flight Schools Still Knowingly Be Training Terrorist?
House Committee on Homeland Security Subcommittee on Transportation Security July 18, 2012
- The American Muslim Response to Hearings on Radicalization within their Community
House Committee on Homeland Security June 20, 2012
- Joint Hearing on Homegrown Terrorism: The Threat to Military Communities inside the United States
House Committee on Homeland Security Senate Committee on Homeland Security and Governmental Affairs December 7, 2011
- Al Shabaab: Recruitment and Radicalization within the Muslim American Community and the Threat to the Homeland
House Committee on Homeland Security July 27, 2011
- The Threat of Muslim-American Radicalization in U.S. Prisons
House Committee on Homeland Security June 15, 2011
- The Extent of Radicalization in the American Muslim Community and that Community's Response
House Committee on Homeland Security March 10, 2011
- Ticking Time Bomb: Counterterrorism Lessons from the U.S. Government's Failure to Prevent the Fort Hood Attack
Senate Committee on Homeland Security and Governmental Affairs February 15, 2011
Hearing on the Rights of Religious Minorities
Hearings on the Threat of Religious Extremist Abroad
- Combatting the Haqqani Network
House Committee on Foreign Affairs Subcommittee on Terrorism, Nonproliferation, and Trade September 13, 2012
- The State Department’s Center for Strategic Counterterrorism Communications: Mission, Operations, and Impact
House Committee on Foreign Affairs Subcommittee on Terrorism, Nonproliferation, and Trade August 2, 2012
- U.S. Policy toward Nigeria: West Africa’s Troubled Titan
House Committee on Foreign Affairs July 10, 2012
- The Tuareg Revolt and the Mali Coup
House Committee on Foreign Affairs Subcommittee on Africa, Global Health, and Human Rights June 29, 2012
- The Lord’s Resistance Army, Boko Haram, al-Shabaab, al-Qaeda in the Islamic Maghreb, and other Sources of Instability in Africa
House Committee on Foreign Affairs April 25, 2012
- The State Department’s Bureau of Counterterrorism: Budget, Programs, and Policies
House Committee on Foreign Affairs April 18, 2012
- Iran, Hezbollah, and the Threat to the Homeland
House Committee on Homeland Security March 21, 2012
- Current and Future Worldwide Threats to the National Security of the United States
Senate Committee on the Armed Services February 16, 2012
- Jihadist Use of Social Media: How to Prevent Terrorism and Preserve Innovation
House Committee on Homeland Security Subcommittee on Counterterrorism and Intelligence December 6, 2011
- Boko Haram: Emerging Threat to the U.S. Homeland
House Committee on Homeland Security Subcommittee on Counterterrorism and Intelligence November 30, 2011
- Joint Hearing: Iranian Terror Operations on American Soil
House Committee on Homeland Security Subcommittee on Counterterrorism and Intelligence Subcommittee on Oversight, Investigations, and Management October 26, 2011
- Hezbollah in Latin America: Implications for U.S. Homeland Security
House Committee on Homeland Security Subcommittee on Counterterrorism and Intelligence July 7, 2011
- Ten Years on: The Evolution of the Terrorist Threat since 9/11
House Committee on the Armed Services Subcommittee on Emerging Threats and Capabilities June 22, 2011
- Threats to the American Homeland after Killing Bin Laden
House Committee on Homeland Security May 25, 2011
- Al Qaeda, the Taliban and other Extremist Groups in Afghanistan and Pakistan
Senate Committee on Foreign Relations May 24, 2011
- The Threat to the U.S. Homeland Emanating from Pakistan
House Committee on Homeland Security Subcommittee on Counterterrorism and Intelligence May 3, 2011
- The Terrorist Threat to the U.S. Homeland: Al-Qaeda in the Arabian Peninsula
House Committee on Homeland Security Subcommittee on Counterterrorism and Intelligence March 2, 2011
The Special Case of Jihadist Terrorism
Terrorism and religiously motivated violence are not recent phenomena in American history, and are not unique to Islam. But the emergence of a global jihadist movement in the late 20th century presented the United States with a unique challenge. Although never more than a fringe movement among Muslims around the world, this deadly threat persists today, even after the death of Osama bin Laden and the waning of al-Qaeda’s influence.
Dating back to the first attack on the World Trade Center in 1993, extremists inspired by global jihadism have committed at least eight successful or partially successful terrorist attacks within the United States. At least 40 additional serious, yet ultimately unsuccessful, jihadist terrorist plots have targeted U.S. territory.
Jihadist Terrorism in America
See full chronology: 1993-2012 (PDF)
- Plot to Bomb Federal Reserve in New York – In October 2012, FBI agents arrested Quazi Mohammad Reswanul Ahsan Nafis, a 21-year-old Bangladeshi man who attempted to detonate what he believed was a 1000-pound bomb outside the New York Federal Reserve Bank in Lower Manhattan. According to authorities, the Nafis entered the United States in January 2012 on a student visa with the intent of carrying out a terrorist attack. In July, an FBI informant, whom Nafis had contacted in an effort to form a terrorist cell, introduced him to an undercover agent posing as a facilitator for al-Qaeda. He then developed a terrorist plot, deciding to bomb the New York Federal Reserve Bank after determining that security around the New York Stock Exchange was too tight. The FBI supplied him with (inert) explosive materials, from which Nafis constructed a bomb. FBI agents arrested him after he parked a van carrying the bomb outside the bank building, then attempted to detonate the inert bomb by dialing a number on his cell phone.
- Car Bomb Plot in Chicago – In September 2012, authorities arrested Adel Daoud, an 18-year-old U.S. citizen of Egyptian origin, after he attempted to detonate a car bomb outside a Chicago bar. The bomb, supplied by undercover FBI agents, contained inert explosives and did not pose a threat the public. The FBI had identified Daoud as a potential threat when he began writing online in 2011 about his desire to engage in violent jihad against America. Undercover agents, posing as members of a terrorist group, contacted Daoud in May 2012 to investigate his willingness to carry out a terrorist attack. On several occasions afterward, Daoud expressed a desire to kill on a mass scale as revenge for U.S. persecution of Muslims. According to authorities, the suspect selected the target and conducted research and surveillance for the attack.
- Plot to Bomb Civilian Aircraft – In April 2012, a double agent working with British and Saudi intelligence services thwarted a plot by al-Qaeda in the Arabian Peninsula (AQAP) to bomb a U.S.-bound airliner. The agent infiltrated AQAP and posed as an aspiring terrorist willing to conduct a suicide bombing. After taking possession of a specially designed bomb constructed by an AQAP bomb-maker, he delivered the device to Saudi authorities, who then handed it over to the United States for analysis. The CIA cooperated with Saudi and British intelligence services in tracking the terrorist plot, which was foiled before a specific aircraft was selected as a target.
- Attempt to Attack the U.S Capitol – In February 2012, authorities arrested Amine el-Khalifi, an illegal immigrant from Morocco, as he approached the U.S. Capitol building to initiate a shooting spree, to be followed by a suicide bombing. El-Khalifi, who had been living illegally in Virginia for more than ten years, sought assistance for a terrorist attack from undercover FBI agents posing as al-Qaeda operatives. He was arrested a few blocks from the Capitol after taking possession of an (inoperable) MAC-10 automatic weapon and an (inoperable) suicide bomb vest from undercover agents. According to law enforcement officials, he identified the target and the means of attack on his own.
- Multiple Attacks Planned in Florida – In January 2012, FBI agents arrested Sami Osmakac, a naturalized American citizen from Kosovo, for planning a series of terrorist attacks in the Tampa Bay area. Authorities arrested Osmakac after he took possession of inoperable firearms and explosives from an undercover FBI agent and attempted to arm a car bomb (also rendered inoperable). Prior to his arrest, Osmakac made a video of himself saying he was willing to die to avenge wrongs committed against Muslims.
Radicalization and Religious Extremism
Religious extremism, although usually relegated to the margins of society, has been a dangerous and unpredictable element in American history. It has given rise to fringe religious groups (such as the Westboro Baptist Church, the Fundamentalist Church of Latter Day Saints, and Revolution Muslim). It has also played a role in movements with broader political and social goals (such as some militia movements and violent anti-abortion groups).
Such groups frequently engage in Constitutionally protected speech and political activism when pursuing their causes. But militant religious beliefs have also compelled some of the most infamous acts of violence in American history, from the Salem witch trials in 17th century colonial Massachusetts to the Jonestown massacre and Heaven’s Gate mass suicide in late 20th century. Today, as demonstrated by the terrorist attacks of 9/11, jihadist terrorism presents a deadly challenge to the United States.
In 2011, the Obama administration defined its approach to countering violent extremism, including religiously motivated violence, with the release of three strategy documents:
Hate Crimes and Religious Intolerance
Hate crimes are defined by federal law as criminal acts motived by an assailant’s prejudice against the victim’s religion, race, ethnicity, disability, gender, or sexual orientation. The FBI reports that religious intolerance accounts for about 20% of hate crimes reported by law enforcement authorities across the nation.
Religious Hate Crimes
Federal Cases (2012-2013)
The federal justice system handles only a portion of criminal cases in the United States, most of which are dealt with by state and local law enforcement authorities. Below are updates of federal religious hate crime cases, as reported by the FBI and the Justice Department’s Civil Rights Division.
September 2012
- Arson Attack on Islamic Center in Ohio
On September 30, 2012, the Islamic Center of Greater Toledo suffered an arson attack by an assailant who entered the building and set fire to the prayer room. The resulting fire inflicted significant damage to the Center’s interior before being extinguished by the overhead sprinkler system. Law enforcement authorities arrested Randolph Linn of Indiana three days later for the crime. He faces federal hate crimes charges, as well as using explosives and a firearm while committing a felony.
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- Amish Extremists Convicted of Attacking other Amish
On September 20, 2012, a federal jury convicted 16 Amish men and women for religiously motivated hate crimes against other members of the Amish faith. The suspects stand convicted of using shears and electric razors to forcibly cut the beards and hair of Amish men with whom they had an ongoing religious dispute. The crimes, which took place between September and November 2011, included home invasions and forcible restraint of the victims.
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August 2012
- Mass Shooting of Sikh Worshipers
On August 5, Wade Michael Page opened fire with a 9mm handgun on worshipers at a Sikh temple in the Milwaukee suburb of Oak Creek, Wisconsin. He killed six worshipers before being shot and wounded by police. The wounded Page then shot and killed himself. The 40-year-old assailant, who played guitar in a “white power” punk rock band, had a long association with rightwing extremist and white supremacist movements.
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July 2012
- Arson Attack against Kansas Mosque
On July 4, an unidentified assailant threw an ignited object at the Islamic Center of Joplin, Kansas, causing a fire on the roof of the building. The Joplin Fire Department extinguished the fire before it could penetrate the building and cause interior damage. The FBI and the Bureau of Alcohol, Tobacco, Firearms, and Explosives have offered a combined reward of $50,000 for information about the assailant and any others connected to the crime. A month after the arson attack, on August 6, a fire of unknown causes destroyed the Islamic Center, which was vacant at the time. Federal authorities opened an investigation into the fire.
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June 2012
- Indictment for Bomb Threat against Tennessee Mosque
On June 21, a federal grand jury indicted Javier Alan Correa of Texas for threatening to bomb a mosque in Murfreesboro, Tennessee. According to authorities, the accused called the Murfreesboro Islamic Center on September 5, 2011 and left a voice-mail message claiming that “on September 11, 2011, there’s going to be a bomb in the building.” Correa is charged with obstructing the free exercise of religion by threat of force and with threatening, via an instrument of interstate commerce (a cell phone), to destroy a building with explosives. He faces a maximum of sentence of 30 years if convicted.
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March 2012
- Indictment for Arson Attacks on Religious Minorities
On March 19, 2012, a federal grand jury indicted Ray Lazier Lengend for a series of fire-bombings in New York, including attacks on the Imam Al- Khoei Foundation mosque and a Hindu temple housed in a private residence. Lengend is charged with committing felony hate crimes and illegal use of explosives. He faces a sentence of 20 years to life in prison.
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- Neo-Nazi Prison Inmate Sentenced for Attacking Jewish Cellmate
On March 5, 2012, a U.S. District Court Judge sentenced Timothy Lee York, a self-proclaimed member of the United Aryan Brotherhood, to 63 months in prison for attacking his cellmate with a deadly weapon. York, who was serving a 41-year prison sentence in Texas for attacking a courthouse with a Molotov cocktail, admitted to attacking his sleeping cellmate because the cellmate was Jewish.
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January 2012
- Three Sentenced for Hate Crime against African-American Church
On January 18, 2012, a federal judge handed down final sentencing for an arson attack against the Macedonia Church of God in Christ, a predominantly African-American church in Springfield, Massachusetts. In November 2008, three co-conspirators burned down the church hours after Barack Obama was elected President. The three assailants were sentenced to 14 years, nine years, and four and half years, respectively.
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Religion and Diplomacy A Look at America and the Vatican
The Holy See, as the sovereign government of the Roman Catholic Church, was the world’s first global institution, predating contemporary globalization by centuries. It has survived nearly a millennium of wars and political turmoil that lay waste to empires and other regimes.
Today, the Holy See is headquartered in Vatican City, a landlocked city-state located in a walled enclave within the city of Rome, Italy. With an area of 0.17 square mile and a population of less than 1000, the Vatican is the smallest sovereign state in the world. From this small city-state, the Holy See and the Bishop of Rome (or the Pope) serve as the leader of the Catholic Church and its 1.2 billion followers worldwide. Ambassador Miguel Humberto Diaz is the current U.S. Ambassador to the Holy See.
Despite its extensive international presence, the Holy See is poorly understood in the United States and abroad. To remedy this gap in knowledge, Ambassador Francis Rooney, former U.S. Ambassador to the Holy See (2005-2008), will share his experiences and insights in this forthcoming book Beyond the White Line: The Holy See in International Affairs. Ambassador Rooney will explore the politics and diplomacy of the Holy See, from the French Revolution (the beginning of the modern age) through today, with a special focus on U.S.-Vatican diplomacy.
Engaging Muslim Communities
In response to the growing rift between America and the Muslim world at the beginning of the 21st century, CSPC began an initiative to strengthen U.S. engagement with Muslim communities worldwide. This initiative culminated in a two-day summit in June 2003 and a subsequent conference report Strengthening U.S.-Muslim Communications.
In the years following the conference, CSPC has worked with a range of innovative organizations and social entrepreneurs who use media technologies to foster mutual understanding and collaboration across borders and cultures. This effort revolved around the Center's initiative to establish a Foundation for International Understanding. Partners in this endeavor included:
CSPC also joined the Strengthening America’s Global Engagement initiative, sponsored by the Woodrow Wilson International Center for Scholars, to create an independent organization tasked with strengthening American global engagement. In March 2012, the Wilson Center released a business plan for this new organization, which will be housed at the Annenberg School for Communication at USC.
America and the Muslim World
Islam remained largely on the periphery of American public discourse until the terrorist attacks of 9/11. In the years since, discussion of Islam has revolved largely around security issues, especially terrorism and extremism. But America’s encounter with the Muslim world stretches back centuries and reflects the full spectrum of cross-cultural interaction. The importance of this ongoing encounter is reflected in President Obama’s 2009 “New Beginnings” speech in Cairo.
To strengthen American engagement with Muslim communities, CSPC has sought to revitalize U.S. public diplomacy toward Muslim populations and to facilitate people-to-people interaction between American citizens and their counterparts in Muslim countries.
The Arab Spring, which elevated the importance of citizen action across much of the Middle East, amplified the importance of engaging in direct people-to-people dialogue and collaboration. In the summer of 2011, CSPC visiting scholar Graham West conducted a series of interviews on America and the Arab Spring with experts on the Middle East and U.S. foreign policy.
Promoting International Religious Freedom
Supporting religious freedom abroad is a basic element of the U.S. strategy to promote international human rights. The State Department’s Office of International Religious Freedom, directed by the U.S. Ambassador at Large for International Religious Freedom, leads American efforts to curtail religious persecution and promote interfaith cooperation.
The State Department’s International Religious Freedom Report provides a periodic assessment of religious freedom around the world and cites violations of the rights of religious groups and denominations. Also, the U.S. Special Envoy to Monitor and Combat Anti-Semitism works to combat anti-Semitism globally.
Parallel to the State Department’s efforts, the independent United States Commission on International Religious Freedom monitors violations of religious freedom around the world and makes policy recommendations to the President and Congress.
During the 112th Congress (2011-2012), Members of the Senate and the House have introduced nearly 20 bills concerning religious freedom abroad. The Congressional Caucus for International Religious Freedom, co-chaired by Congressman Trent Franks of Arizona and Congressman Heath Shuler of North Carolina, is active in pushing much of this legislation and other initiatives forward.
Religious Pluralism in America: The American Muslim Experience
CSPC is committed to strengthening the American principals of religious liberty and tolerance in an increasingly diverse religious landscape. To that end, we strive to educate the public about the (often turbulent) evolution of these principles, how they became underlying ideals of American society, and the critical role they play in America’s democratic system and civil society.
Summit on the American Muslim Experience: In partnership with the Washington National Cathedral, CSPC convened a summit and public forum on Religious Diversity in America: The Muslim Experience on October 23, 2012. Supported by a generous grant from the Carnegie Corporation of New York, the summit brought together leading scholars and interfaith practitioners to identify opportunities for strengthening religious tolerance and interfaith civility. The public forum convened in the evening following the summit in the National Cathedral nave. To watch a video of the public forum, click here.
Video on Religious Freedom and Tolerance: In commemoration of the tenth anniversary of 9/11, CSPC commissioned a short film titled One Nation: Recapturing America’s Spirit of Unity. This video examines the critical contribution of religious tolerance to American society, with a special focus on America’s Muslim citizens.
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