Association for Public Policy Analysis & Management

Abdul Samad, Florida International University

Milena I. Neshkova, Florida International University

Abstract:

Recent events show that ethnic and religious groups have increasingly been targeted. Marginalized populations have long been easy targets for populist policies as well. American Muslims, who comprise less than one percent of the U.S. population, are one example of such stigmatized community. The terrorist attack on September 11 brought a strong anti-Muslim sentiment, commonly referred to as Islamophobia. The anti-Sharia movement became the most prevalent legislative expression of this sentiment. Currently, 43 states have introduced, and 14 of them have adopted, various forms of the so-called anti-Sharia laws. The nature of these bills seems to be in conflict with fundamental rights guaranteed by the state constitutions and U.S. Constitution.

This study examines the Islamophobic legislative activity across the 50 American states and seeks to answer two interrelated questions. First, why do certain states introduce and adopt Islamophobic legislation and under what conditions are state legislatures more likely to engage in such policy-making? Second, the study attempts to explain the magnitude of Islamophobic sentiment in the introduced and adopted laws. To answer these research questions, we analyze all anti-Sharia laws introduced and adopted by state legislatures between 2010 and 2017. The study draws on data from various sources, including the Haas Institute, Center for American Progress, Southern Poverty Law Center, and National Conference of State Legislatures.

Our findings speak to the literature on policy diffusion and legislative behavior. Moreover, the study attempts to shed more light on policies targeting stigmatized populations and escalating hate among social groups. The demographic profile of the United States is changing, and according to a 2018 report by the Pew Center, the country will have a minority-majority built by 2050. Minority groups based on race, ethnicity, gender, sexual orientation or religious affiliation are becoming more visible, which, in turn, generates stigma that hinders the integration of these groups and furthers their marginalization.