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ObamaCare’s Muslim Exemption

"Equal protection"? Muslims are exempted from the mandate because insurance is haraam.

by
Herbert London

Bio

May 11, 2012 - 12:00 am
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Laws almost always create unanticipated consequences. This is certainly likely to be the case when politicians bend over backwards to accommodate the currents of political correctness.

ObamaCare uses the Social Security language of the Internal Revenue Code to determine who is eligible for “religious conscience” objection to the insurance mandate. Specifically, the law provides exemptions for adherents of “recognized religious sects” that are “conscientiously opposed” to accepting benefits from any insurance, public or private.

As a consequence of this provision, Muslims may claim a religious exemption that is denied Christians and Jews. Since Islam believes insurance is haraam (forbidden) and likens insurance to gambling, the religion is excluded from requirements, mandates, or penalties set forth in the bill. Others who fall into this category are the Amish, American Indians, and Christian Scientists. Although the U.S. Constitution grants all Americans equal protection of the law, some Americans are more equal than others.

ObamaCare is specifically written not to apply equally to everyone. It is in most respects a law intended to discriminate — what some might call an extended Jim Crow law. If this seems exaggerated, consider: Jim Crow laws were based on racial discrimination, while ObamaCare is predicated on religious discrimination. Government acted based on a preconceived and arbitrary understanding of what is right.

For example, Chairman of the Senate Finance Committee Max Baucus indicated that the purpose of ObamaCare is as much about redistributing income as it is about reforming health care. This is an application of government’s iron fist, putting income distribution and religious discrimination in the hands of Washington bureaucrats.

By any reasonable standard, ObamaCare (and the Congress that enacted it) is completely unfettered from the Constitution. If logic — Washington logic — accommodates Sharia’s prohibition against gambling and hence insurance, Christians and Jews should claim that the state’s ability to expropriate property under the Commerce Clause of the Constitution is a violation of the Fourteenth Amendment, thereby legitimating an exemption for these groups as well.

Muslims are given exemptions from law everyone else must follow. What has actually been enacted is a wedge between Muslims and Christians and Jews. Americans are pitted against Americans, Christian against Muslim, the Torah against the Koran.

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