New Bill Would Create Permanent Protections For Muslims

Today’s unsettling political development comes from Massachusetts, where lawmakers are considering legislation that would establish a permanent state commission focused specifically on residents who practice Islam.

The proposals, H.3351 and S.2134, are titled “An Act promoting the civil rights and inclusion of American Muslims in the commonwealth.” At first glance, that sounds like a standard civil-rights measure intended to address discrimination and improve representation. The problem is that several provisions go far beyond documenting bias or advising the state on equal treatment. They would give a government-created commission an unusually active role in advancing the interests of one religious community.

The commission would consist of 11 members appointed through various parts of the state government. Its responsibilities would include conducting research on issues affecting Muslims in Massachusetts, informing public officials and private organizations about those issues, encouraging cooperation among Muslim groups, and serving as a liaison between those groups and government agencies.

Some of those duties are broad enough to be either symbolic or open-ended. A commission that gathers information about discrimination, health-care access, education, or employment could serve a legitimate public purpose. But the bill’s language is not always limited to those areas. It also calls on the commission to promote unity among Muslim organizations and encourage collaboration and joint activities.

That raises an important constitutional question. It is not normally the state’s role to organize, strengthen, or unify a religious community. Government may protect people’s right to worship and ensure that religious minorities are treated fairly, but actively fostering cooperation among religious organizations risks crossing the line between protecting religious liberty and supporting religious activity.

Another provision would have the commission act as a liaison between government, private interest groups, and the Muslim community. Again, the purpose matters. A state body may communicate with religious communities about discrimination, public safety, social services, or civil rights. But creating a permanent government structure devoted to representing one faith requires careful scrutiny. The same concerns would arise if Massachusetts created a comparable commission exclusively for Christians, Jews, Hindus, or members of any other religion.

The most controversial language directs the commission to “identify and recommend qualified American Muslims for appointive positions at all levels of government, including boards and commissions.”