Trump’s Unconstitutional Muslim Ban

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Trump’s Unconstitutional Muslim Ban

February 1, 2017

From the desk of Dan Jacobson, Chair

Trump’s Unconstitutional Muslim Ban

Our Constitution’s 1st Amendment is clear that the government cannot take any action that discriminates against anyone (citizen or non-citizen) on the basis of that individual’s religious faith. Thus Donald Trump’s Muslim ban is unconstitutional. The White House might argue that it is only happenstance that the every nation on the “ban list” is primarily Islamic. That argument doesn’t pass the straight-face test. Discriminators have tried for decades to fashion their discrimination policies without using the words “Jew,” “African,” “Asian,” – “Muslim;” and, for decades the courts have seen through the tissue-thin fabric from which the discriminators have woven their horrid policies.

The courts aren’t stupid. An example from as late as the 70s: Until late in the 70s and into the 80s there was a height requirement for police applicants. A requirement that most women couldn’t pass. The police departments had argued that the policy was not against hiring women, just a policy against hiring people who were under a certain height. But, the disproportionate, discriminatory, and destructive effect on women was clear, and the courts struck down the height requirements. If everyone from Utah were banned from moving to another State, the disproportionate, intentional, and illegal effect on Mormons would be evident, and that ban wouldn’t be allowed. “Clever” discriminatory policies don’t impress smart courts.

So, when Trump says he’s banning people from certain countries; he’s not banning people of certain religions – he’s lying. The effect of banning people from countries that are mostly Muslim is to ban Muslims. That’s illegal, wrong, and destructive to both America’s standing in the world and to our Nation’s moral fiber. This issue will reach the courts, but it may not do so in time to save people’s lives. Jewish German refugees were turned away at our shores near the start of World War II – and they died back home, at the hands of their tormenters. Absent immediate court action, Muslims will be turned away – and they will die back home, from starvation, war, and terrorists.

Please peacefully protest, now; please speak-out, now. Please back the lawsuits that are aimed at enforcing our Constitution, and at trying to ensure no one, or as few as possible people will die at the hands of the flimflam man who’s in the White House.


Dan Jacobson, Chair

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