Abstract of An American Dream Unfulfilled: Legislated Isomorphism of Immigrant Religions

1. Abstract ofAn American Dream Unfulfilled:Legislated Isomorphism of Immigrant Religions [O]ne is not a member of a mosque. All Muslims are one large denomination expanding the globe. ... But the initiative to help in collection of church dues shows that it is the perspective of the Church of Sweden that guides the laws. ..... Hüseyin Ayata, IKUS (Islamic Culture Center in Sweden) Ironically, the Swedish Government had good intentions when it offered to collect church dues through payroll deduction for all religious denominations in Sweden. The initiative became law on January 1, 2000, timed to coincide with the abolishment of the mandatory church tax that had supported The Church of Sweden (Evangelical-Lutheran) since the 16th Century. No longer would Muslims (now one-third of the Swedish population as a result of immigration) be forced to support Lutheranism; the five-century Lutheran monopoly had ended. Unfortunately, a prerequisite for gaining access to the state's tax collection bureaucracy is becoming an incorporated religious body -- a corporate entity with a duly elected board of directors serving as the governing authority. The Swedish Parliament anticipated that each incorporated Muslim congregation would supply a list of its members to the Tax Authority, which would then -- on a quarterly basis -- remit to the congregation dues collected from its members through payroll deductions. However, as Imam Ayata points out, Muslims do not form congregations; that is, except in the U.S., where even Hinduism is a congregational religion. Religion-Friendly Legislation (RFL) -- such as U.S. Internal Revenue Code §501(c)(3) which provides tax-exempt status only to enterprises organized as nonprofit corporations under state law and the Swedish RFL noted above – is an incentive for immigrant religions to conform to the religious model in the host nation in order to qualify for the government’s largesse. This paper argues that RFL leads to the standardization of religious practices and in the U.S. this has resulted in “An American Dream Unfulfilled”.

2. Sixth Annual Social Theory ForumApril 8-9, 2009University of Massachusetts, Boston An American Dream Unfulfilled: Legislated Isomorphism and Immigrant Religions Gwendolyn Yvonne Alexis, PhD, J.D. Assistant Professor MONMOUTH UNIVERSITY School of Business Administration West Long Branch, NJ 07764-1898 galexis@monmouth.edu

3. Legislation and Religious Freedom • within the private domain beyond the jurisdiction of the state's governing authority • within the public domain and under governmental regulatory authority • in a gray area between the private and public domains Where will religious activities wind up ?

4. Three types of legislation with a critical impact upon religious freedom: • DML (de minimus legislation) • DML is the minimum amalgamation of laws and regulations necessary to (a) guarantee religious freedom to the individual and (b) strip the state of authority to regulate religious life • RFL (religion-friendly legislation) • Legislation that serves to ensure a continual religious presence within a state. RFL either creates a "public good“ or is paraenetic in nature • UNL (universal norm legislation) • UNL is enacted to enforce what are deemed to be universally valid standards for human behavior. It has strong social and public policy implications and is anchored in a particular society and culture.

5. Examples of DML (De Minimus Legislation) Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. ... U.S. Constitution, First Amendment Each citizen shall have the right to [...] alone, or together with others, practice his religion. ... Swedish Constitution (SFS 1974:152, Chap. 2, Sec. 1)

6. DML (De Minimus Legislation) Benefit Conferred: Right of self-determination with respect to how and whether to pursue a lifestyle that is religious, secular, or some hybrid of the two Class Protected: Individual Persons Persons with legal standing to enforce their right to moral autonomy: Religious Individuals Believer in Traditional Religion Believer in Non-Traditional Religion Irreligious Individuals Atheist Religiously Indifferent

7. UNL (Universal Norm Legislation) Nature of Legislation • General Laws • Municipal Ordinances • Agency and Departmental Regulations • Administrative Laws • Procedural Manuals and Guidelines Purpose of • Social Control • Public Interest • Public Welfare Enacted By • Local Municipalities • Education Departments • Governmental Departments and Bureaus • Public Health and Welfare Agencies

8. UNL is Social Engineering • Thus, even where the standards are not really universal--and the UNL has embedded Christian norms--UNL will be upheld and requests for exemptions from adhering to the standards (in order to engage in religio-cultural practices that are inconsistent with the standards) will be denied. • In Sweden, law declares circumcision to be a medical procedure (not a religious rite) • In Sweden, slaughter of animals in accordance with the theological dictates of Islam and Judaism constitutes “cruelty to animals” and therefore a violation of Sweden’s animal protection laws • In all Western Christian societies, polygamy is illegal • UNL tends to result in homogenization of religious practices in much the same way that RFL does. Invariably, what is allowed under UNL coincides closely with the religious practices of the dominant religion in society. • The Swedish Burial Law is an example of expansive UNL in that it contains provisions vesting the local public cemetery authorities with power to override individual decision-making with respect to grave design in order to "protect the environment, the safety of those visiting the cemeteries, and the work milieu of cemetery employees” • “The new Burial Law emphasizes even more than the previous law that the cemeteries are a public charge, not a private affair; and it is interesting that during the surge in liberalism at the end of the 1980s--when the new Burial Law was being discussed--no one questioned the provisions which mean that operation of private cemeteries, other than by faith-based communities, is not allowed under any circumstances”(Gustafsson 2000a, 44) • Even after separation of church and state in 2000, the Church of Sweden (Evangelical-Lutheran) still administers all cemeteries and the Burial Tax that is collected from all taxpayers.

9. The more managerial the state, the more likely it is that a well-developed body of statutory law is in existence, much of which will be UNL • UNL is enacted to keep public space free of behavior that cannot be rationally and logically justified • THIRD CIRCUIT REJECTS MUSLIM COP'S BID TO WEAR RELIGIOUS SCARFA Muslim woman who works as a Philadelphia police officer has lost her court battle to wear a religious head scarf on the job. The Third U.S. Circuit Court of Appeals ruled Tuesday [April 7, 2009] in Webb v. City of Philadelphia that forcing the department to accommodate her would compromise the city's interest in maintaining "religious neutrality" in its police force. The unanimous three-judge panel upheld a district court judge who said prohibiting all religious symbols and attire "helps to prevent any divisiveness on the basis of religion both within the force itself and when it encounters the diverse population of Philadelphia." • The panel rejected arguments by amici curiae in the case, including the American Civil Liberties Union, that experiences in other large metropolitan departments show that granting religious accommodations has no negative effect on police discipline.

10. RFL (Religion-Friendly Legislation) Benefits Conferred • Free State Services • Public Funds Subsidies Grants Government Contracts • Tax Incentives Tax Credits Tax Exemptions Reduced Tax Rates Class Entitled to Benefits Incorporated Religious Groups Parachurch Organizations Sectarian Schools Schools for Clergy Religiously Affiliated Hospitals State sets standards and has complete discretion in determining whether or not a group qualifies to receive benefits under RFL!!

11. RFL (Religion-Friendly Legislation) in Sweden and the U.S. U.S. Legislation and Case Law 1) No Taxation of Property Used for Religious Purposes. First Amendment, U.S. Const.; Walz v. Tax Commission 2) Philanthropy Protection Act of 1995. P.L. 104-62 3) Tax Deductibility of Gifts to Religious Groups on Donor Income- and Estate-Tax Returns. IRC. 501(c)(3); IRC 170(c) 4) "Charitable Choice" (1996 Welfare Reform Law and subsequent Faith-Based Initiatives. P.L. 104-193 and various Executive Orders Swedish Legislation 1) Subsidization of Religious Groups (SFS 1999:932) 2) Government Collection of Church Dues (SFS 1998:1593, Sec. 16) 3) Subsidization of Theological Education (SFS 1999:974, Sec. 4) 4) Subsidization of Acquisition and Maintenance of Sites for Religious Activities (SFS 1999:974, Sec. 12)

12. Pressure to Conform (In order to qualify for government support) Government Largesse or Structuring: “Membership fees are completely alien to the concept of Islam; one is not a member of a mosque. All Muslims are one large denomination expanding the globe. Sweden is already religiously diverse because there are many religions here. But the initiative to help in collection of church dues shows that it is the perspective of the Church of Sweden that guides the laws.” . . . Hüseyin Ayata, IKUS (Islamic Culture Center in Sweden) “In these instances (with congregations), faith is essential---the basis for communal interaction and life-transforming experiences. Faith communities of that kind should jealously guard their freedom to be different and for this reason should be wary of government support. “ ... Robert Wuthnow, Saving America: Faith-Based Services and the Future of Civil Society (2004).

13. Culture Clashes or Coerced Religious Conformity • “In both Islam and Hinduism, the notion that religion is separate from life is unthinkable. In many states Islam describes itself as a way of life rather than as a faith; and Hinduism as a term of reference to a 'faith' is something of an external creation. The name was introduced by the Persians to describe all beliefs in India - across the River Indus. Hindus themselves see what they believe as being how they live. There is no sense of one set of beliefs for everyday life and another for religious life. Judaism is also particular, since it is both a way of life and an ethnic identity - not always linked to religious belief or practice.” ... Joanne O'Brien and Martin Palmer, The State of Religion Atlas • Neither Islam nor Hinduism is an organized religion; but in order to qualify for the property tax benefits of 501(c)(3) and, more recently, the government funds available under faith-based initiatives, these religions must incorporate! • “The more pertinent question, therefore, is not diversity as such but Whether the kinds of professional and procedural norms necessitated by Government support are inimical to genuinely diverse religious and Cultural Expressions.”Robert Wuthnow in Saving America By-Laws Annual Elections Board of Ddirectors Annual Meetings

14. Conclusion: Tocqueville got it right! No sooner does a government attempt to go beyond its political sphere and to enter upon this new track than it exercises, even unintentionally, an insupportable tyranny; for a government can only dictate strict rules, the opinions which it favors are rigidly enforced, and it is never easy to discriminate between its advice and its commands. ... Alexis de Tocqueville Church State