The United States has seen in recent years accelerating rates of immigrant Arab Muslims. Driven out of Middle East countries for religious, economic, political or social reasons, Arab Muslim immigrants face major challenges in adapting to values in radical departure from original ones, not completely let behind but are remain, in fact, defining of Arab Muslim experiences in U.S. These experiences become particularly acute for young immigrant Arab Muslim women. If anything, immigrant Arab Muslim women experience challenges particularly because of being women not only by "natives" but also by family members, friends and acquaintances of same or similar religious or ethnic background. For current purposes, right to freedom of religion as guaranteed by First and Fourth Amendments is discussed. More specifically, by approaching freedom of religion as applicable to a young, Arab, Muslim, single woman in U.S. Deep South (particularly in Mississippi, Alabama or Louisiana states), freedom of practicing Islam is dissected from multiple perspectives and by different stakeholders. Given age range (late 20s and early 30s) of an assumed young, Arab, Muslim and single woman immigrant, current investigation examines how religious constitutional rights, particularly First and Fourth Amendments, impact on an assumed immigrant profile as described. This paper aims, hence, to explore implications for and actual applications of First and Fourth Amendments on a young, Arab, Muslim, single, woman immigrant in U.S. Deep South, particularly in Mississippi, Alabama or Louisiana states.
The First Amendment guarantees, primarily, freedom of religion:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. ("First Amendment")
This guarantee protects, clearly, against potential legislation to not only restrict but also, more importantly, prohibit free religious practice. Moreover, by explicitly emphasizing freedom of religious practice, a legislative intervention is deemed null at federal or state level. Given current purposes, by passing an amendment to State of Alabama's Law aimed at prohibiting use of sharia law in Alabama courts ("Muslims Try to Pass Sharia Law in Alabama"), a young, Arab, Muslim and single woman immigrant in Alabama is directly affected by passed amendment. Drafted by Eric Johnston and sponsored by State Senator Gerald Allen, R-Tuscaloosa, passed amendment is based on a rationale preventing lawyers from arguing using sharia law in an Alabama custody case since, according to Johnston, women's rights are compromised by sharia rights if a lawyer bases her argument based on Islam's injunctions ("Muslims Try to Pass Sharia Law in Alabama"). For current immigrant profile, prohibiting sharia law based on a rationale of denying rights of (Muslim) women does not only run against guarantees asserted in First Amendment but also sets a precedent for more legislations at state level (particularly in states of Muslim visibility) in order to exclude Islam per se as a possible argumentation ground for Muslim citizens not only in custody cases but, probably, in different issues connected to religious practices by Muslims. For a young, Arab, Muslim and single woman immigrant, similar amendments does not only violate her guaranteed religious practices but also, more significantly, restrict her capacity for full self representation, another violation for another, fundamental constitutional right, i.e. equality, guaranteed by Fourteenth Amendment:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. ("14th Amendment")
Indeed, given how faith is particularly defining of Arab Muslim Americans, including of course current immigrant profile, freedom of religious practice is particularly important for a young, Arab, Muslim and single woman immigrant in U.S. Deep South. This critical role of religion is emphasized consistently in academic literature and is reported widely in popular press.
For example, in an interesting study performed on six Arab, Muslim immigrant women (aged 21-35) in Louisiana in order to explore and document day-to-day experiences of participating women for more effective counseling services for young, Muslim, Arab, immigrant women, findings show specific, underlying issues as defining of day-to-day experiences including: gender roles, family support, faith (maintaining traditions vs. modernity) and class (En-Nabut). The study has, moreover, emphasized on cultural experiences and laid particular emphasis on religious practice as an indication of respectability and credibility in broader Muslim, Arab community, particularly for women (En-Nabut). One interesting finding is, however, how all participating women share a common view of particular barriers to applying religious doctrines adopted at home of origin but cannot be practiced in a decidedly different religious and cultural context (En-Nabut).
For current immigrant profile, a young, Arab, Muslim and single woman immigrant in U.S. Deep South is not only likely to face similar challenges because of state amendments (as shown above) but also, more significantly, due to her own faith interpreted differently by her "own clan". Put differently, given how rooted Muslim, Arab women in a faith practice, i.e. Islam, as well as social and cultural experiences reproduced in U.S. context, a young, Arab, Muslim and single woman immigrant is unlikely to be able to practice her faith choices independently from legislation practices in Deep South as well as from her own social and cultural circle. The case for religious freedom gains more significance for a young, Arab, Muslim and single woman immigrant in Deep South for reasons particular to U.S. southern state history and cultural heritage. Specifically, given a long history of slavery and underdevelopment (compared to northeastern and western states), U.S. Deep South has maintained largely social conservative and religious "Christian" values. That is, by upholding a "communal" approach to political, economic and social activities, U.S. southern states, particularly Mississippi, Alabama and Louisiana, have – socially, culturally and, not least, religiously – made practicing any form of faith beside Christianity (as adopted by practitioners in Deep South) practically unacceptable. If anything, Mormonism is a case in point. Indeed, if a faith practice is culturally, socially and, not least, politically rejected in Deep South, how about a young, Arab, Muslim and single woman immigrant who is not only ethnically, culturally and religiously different but has barely been naturalized or is a direct descendant of immigrant parents?
The conundrum of a young, Arab, Muslim and single woman immigrant in U.S. Deep South is further exacerbated by changing expectations of gender roles and attitudes to work. Indeed, younger generations of Muslim, Arab and single women show greater diversity compared to older ones. For example, in an interesting study investigating state of gender roles among Arab-American women, findings show more progressive gender role believes held by participants, contrary to more conventional, stereotypical representation of Muslim Arab-American women ("The Sources of Gender Role Attitudes"). These findings emphasize, if anything, how long-held gender roles, largely defined based on "inherited" religious beliefs, are now subject to a dual, increasing pressure as more and more young, single, (and increasingly college graduate) Muslim, Arab women "come of age" (read: become independent) and join workforce as independent professionals – in a comparatively radical departure from religious injunctions. Moreover, as shown in Alabama's passed amendment, practicing Islam by a young, Muslim, Arab, single woman has become increasingly under fire for, paradoxically, possibly opting for a sharia law when, in fact, she could have a completely different interpretation (of her own) for how and when she opts to practice her faith.
Being "single" is another dimension qualifying how religious freedom guaranteed by First and Fourteenth Amendments could impact on a young, Muslim, Arab woman. In an age bracket of late 20s and early 30s, a young, Muslim, Arab woman is (presumably) a working professional since she has not family obligations. However, being "immigrant" (as opposed to a "native" status), a young, Muslim, Arab woman further qualifies her employment status. Indeed, in a national study exploring differences in employment rates of "native" and "immigrant" women, findings show differences between both Muslim, Arab American groups cannot be explained based on human capital characteristics or social network resources for employability opportunities but can be explained by conventional religious and cultural norms emphasizing more conventional gender roles and placing higher priority for women's family obligations ("Cultural Influences on Immigrant Women's Labor Force Participation"). For current purposes, First and Fourteenth Amendments do safeguard against intervention by legislative bodies to restrict religious practice. However, for a young, Muslim, Arab, single working woman, faith stands as a barrier not only for growth but also for restrictions placed on specific religious practices. For example, Muslim women are denied a right to put on hijab while working as police officers as in Webb v. City of Philadelphia, No. 07-3081, 3d Cir. filed July 13, 2007 ("Discrimination Against Muslim Women"). This ban is, if anything, a direct intervention in a decidedly religious (and private) issue guaranteed by First and Fourteenth Amendments. By weighing grounds for banning hijab, for example, by an employer (a police department) against grounds for upholding a constitutional right, a young, Arab, Muslim and single woman immigrant is influenced directly by violating a constitutional right at workplace. More broadly, legislation practices and political commentary is apt to further influence a young, Arab, Muslim and single woman immigrant. For example, Louisiana Governor Bobby Jindal's recent remarks about Muslims occupying immigration destinations by creating what he calls "no-go-zones" (Associated Press) are apt to impact negatively (albeit indirectly) on a young, Arab, Muslim and single woman immigrant's confidence in practicing her religion publicly or, for that matter, in areas stereotyped by media as exclusively dangerous.
Works Cited
"14th Amendment." Legal Information Institute. Cornell University Law School, n.d. Web. 20 February 2016.
Associated Press. "Louisiana governor unapologetic after Muslim 'no-go zones' comments." The Guardian. Guardian News and Media Limited, 20 January 2015. Web. 20 February 2016.
"Discrimination Against Muslim Women - Fact Sheet." American Civil Rights Union. American Civil Rights Union, n.d. Web. 20 February 2016.
En-Nabut, Iman. The Lived Experiences of Immigrant Arab Muslim Women in the United States: Implications for Counselors and Other Helping Professionals. ScholarWorks. University of New Orleans, 2007. PDF file.
"First Amendment." Legal Information Institute. Cornell University Law School, n.d. Web. 20 February 2016.
"Muslims Try to Pass SHARIA LAW in Alabama But Citizens Say HELL NO!" The Political Insider. The Political Insider, n.d. Web. 20 February 2016.
- - -. "Cultural Influences on Immigrant Women's Labor Force Participation: The Arab-American Case." International Migration Review 38.1 (2006): 52–77. Wiley Online Library. Web. 20 February 2016.