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Pennsylvania Judge Appears To Have Ruled In Favor Of Sharia Law, Fueling Tensions Over Religion

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Pennsylvania Judge Appears To Have Ruled In Favor Of Sharia Law, Fueling Tensions Over Religion Empty Pennsylvania Judge Appears To Have Ruled In Favor Of Sharia Law, Fueling Tensions Over Religion

Post by Bryant Fri Mar 02, 2012 4:40 am

Pennsylvania Judge Appears To Have Ruled In Favor Of Sharia Law, Fueling Tensions Over Religion

It was clearly an open and shut case of harassment but a judge in Pennsylvania didn’t see it that way and ruled against the victim. Of course, this happens sometimes in the American judicial system, only this time the ruling appears to have been entirely unconstitutional and may give conservatives a reason to ramp up their religious crusade.

Ernie Perce was seriously just walking down the street minding his own business while participating in a parade, when Talaag Elbayomy rushed from the crowd and harassed him.

Perce, an atheist, was dressed as a zombie version of Muhammad. Elbayomy, a Muslim, became offended and attacked him, grabbing Perce’s arm and trying to rip away the sign he was carrying. Open and shut, right? Wrong.

Despite admitting that Elbayomy harassed Perce, Judge Mark Martin ruled that Elbayomy had every right to do so because of Islamic law, which bans the insulting of Muhammad. In other words, Judge Martin ruled in favor of Sharia law.

Judge Martin didn’t just rule in favor of religious law, he also lectured and humiliated Perce. Martin told the court all about the time he has spent in Islamic nations and even gestured to a Koran he had in the courtroom. He then called Perce a ‘doofus.’

Here’s some of the hearing transcript, courtesy of Jonathan Turley.

“Well, having had the benefit of having spent over two-and-a-half years in predominantly Muslim countries, I think I know a little bit about the faith of Islam. In fact, I have a copy of the Quran here, and I would challenge you, Sir, to show me where it says in the Quran that Muhammad arose and walked among the dead. I think you misinterpreted a couple of things. So before you start mocking somebody else’s religion, you might want to find out a little more about it. It kind of makes you look like a doofus. …

In many other Muslim-speaking countries, err, excuse me, many Arabic-speaking countries, predominantly Muslim, something like this is definitely against the law there, in their society. In fact, it could be punished by death, and frequently is, in their society.

Here in our society, we have a Constitution that gives us many rights, specifically First Amendment rights. It’s unfortunate that some people use the First Amendment to deliberately provoke others. I don’t think that’s what our forefathers intended. I think our forefathers intended to use the First Amendment so we can speak with our mind, not to piss off other people and cultures – which is what you did.

I don’t think you’re aware, Sir, there’s a big difference between how Americans practice Christianity – I understand you’re an atheist – but see Islam is not just a religion. It’s their culture, their culture, their very essence, their very being. They pray five times a day toward Mecca. To be a good Muslim before you die, you have to make a pilgrimage to Mecca, unless you’re otherwise told you cannot because you’re too ill, too elderly, whatever, but you must make the attempt. Their greeting is ‘Salam alaikum, wa-laikum as-Salam,’ uh, ‘May God be with you.’

Whenever it is very common, their language, when they’re speaking to each other, it’s very common for them to say, uh, Allah willing, this will happen. It’s, they’re so immersed in it. And what you’ve done is, you’ve completely trashed their essence, their being. They find it very, very, very offensive. I’m a Muslim. I find it offensive. I find what’s on the other side of this [sign] very offensive. But you have that right, but you are way outside your bounds of First Amendment rights. …

I’ve spent about seven years living in other countries. When we go to other countries, it’s not uncommon for people to refer to us as ‘ugly Americans.’ This is why we hear it referred to as ‘ugly Americans,’ because we’re so concerned about our own rights, we don’t care about other people’s rights. As long as we get our say, but we don’t care about the other people’s say.”

Basically, Judge Martin just ruled that Muslims can attack people who insult Muhammad. This ruling opens up a firestorm that never should have occurred in the American justice system. If one religious group can skirt US law by hiding behind their religious doctrines, every single religious group can do the exact same thing. It undermines the concept of equality under the law and obliterates the Constitution.

I elected to truncate this article as I felt that the final two paragraphs offered nothing more than partisan cheap shots that add nothing to the conversation. If you must read them the full article can be found here
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Post by Miles1 Fri Mar 02, 2012 7:21 am

Bryant wrote:If one religious group can skirt US law by hiding behind their religious doctrines, every single religious group can do the exact same thing. It undermines the concept of equality under the law and obliterates the Constitution.

Isn't this pretty much what happened though with that White House climbdown on religious employers not having to cover birth control on their employee's insurance?
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Post by Marconius Fri Mar 02, 2012 5:20 pm

Miles1 wrote:
Bryant wrote:If one religious group can skirt US law by hiding behind their religious doctrines, every single religious group can do the exact same thing. It undermines the concept of equality under the law and obliterates the Constitution.

Isn't this pretty much what happened though with that White House climbdown on religious employers not having to cover birth control on their employee's insurance?

At the very root of it, yes sir it is. I think that is also why Bryant decided to post this. Both are wrong.
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Post by Marconius Fri Mar 02, 2012 5:24 pm


Judge Mark Martin Responds to Criticism
March 1, 2012 at 10:30 am Ed Brayton

Mark Martin, the judge in the now-infamous zombie Muhammad case in Pennsylvania, has responded to the criticism of him on Jonathan Turley’s blog. Unfortunately, he offers little more than finger pointing, non sequiturs and red herrings. He says:

This story certainly has legs. As you might imagine, the public is only getting the version of the story put out by the “victim” (the atheist). Many, many gross misrepresentations. Among them: I’m a Muslim, and that’s why I dismissed the harassment charge (Fact: if anyone cares, I’m actually Lutheran, and have been for at least 41 years).

But this is not a gross misrepresentation; he actually said he was a Muslim on the tape. It isn’t really relevant, of course, because what he did and said was wrong regardless of his religion. But it is a misrepresentation to claim that this is a misrepresentation. Maybe he didn’t mean what he said. Maybe he was just speaking hypothetically. But he did say it.

I also supposedly called him and threatened to throw him in jail if he released the tapes he had made in the courtroom without my knowledge/permission (Fact: HE called ME and told me that he was ready to “go public” with the tapes and was wondering what the consequences would be; I advised him again to not disseminate the recording, and that I would consider contempt charges; he then replied that he was “willing to go to jail for (his) 1st amendment rights”- I never even uttered the word “jail” in that conversation).

Also irrelevant. If you threatened him with contempt, you were threatening him with jail; that is what happens to people who are held in contempt. I suppose you could have imposed some other punishment instead, but so what? The fact that you threatened him if he released the tape is what matters.

He said that I kept a copy of the Quran on the bench (fact: I keep a Bible on the bench, but out of respect to people with faiths other than Christianity, I DO have a Quran on the bookcase BESIDE my bench, and am trying to acquire a Torah, Book of Mormon, Book of Confucius and any other artifacts which those with a faith might respect).

This was also irrelevant from the start. What he did and said would be wrong even if he had no books on his bench at all.

He claims that I’m biased towards Islam, apparently because he thinks I’m Muslim. In fact, those of you who know me, know that I’m an Army reservist with 27 years of service towards our country (and still serving). I’ve done one tour in Afghanistan, and two tours in Iraq, and am scheduled to return to Afghanistan for a year this summer. During my first tour in Iraq, I was ambushed once, attacked by a mob once, sniped at once, and rocketed, bombed, and mortared so many times that I honestly don’t know how many time I’ve been attacked. Presumably by Muslim insurgents. My point: if anyone SHOULD be biased towards Muslims, one would think it would be me. I’m not, however, because I personally know or have met many good, decent people who follow Islam, and I shouldn’t characterize the actions of those who tried to kill me as characterizations of all Muslims.

Again, not really relevant.

When I asked him why he dressed up as “Muhammad zombie,” he told me that it was because he was reflecting the Muslim belief that Muhammad rose from the dead, walked as a zombie, and then went to heaven. That was one of the reasons I tried to spend 6 whole minutes trying to explain and de-mystify Islam through my own knowledge, and in an attempt to prevent an incident like this recurring in my community. Unfortunately, the message was obviously not received in the vein that I had intended. And, in the interest of full disclosure, I did use the word “doofus,” but didn’t call him that directly; I said something akin to “ if you’re going to mock another religion or culture, you should check your facts, first- otherwise, you’ll look like a doofus.”;

And again, not relevant. It doesn’t matter why he dressed up as Muhammad. Even if he had told you that he did it specifically to enrage Muslims, it’s still entirely legal to do so and still entirely illegal to attack him for it.

In short, I based my decision on the fact that the Commonwealth failed to prove to me beyond a reasonable doubt that the charge was just; I didn’t doubt that an incident occurred, but I was basically presented only with the victim’s version, the defendant’s version, and a very intact Styrofoam sign that the victim was wearing and claimed that the defendant had used to choke him. There so many inconsistencies, that there was no way that I was going to find the defendant guilty.

Very interesting use of the phrase “in short,” as though that conclusion had anything at all to do with what preceded it. But it doesn’t. None of the statements have any relevance at all to what he is saying here. And it may well be that there were valid reasons to dismiss the charges based on the testimony, but that simply isn’t the issue here. During the actual trial, Martin made clear that he was rejecting any notion that what the man did was protected by the First Amendment and scolded him for exercising his rights rather than on the person who admitted to having run up and grabbed him. That is the issue, which Martin doesn’t even attempt to address.

A lesson learned here: there’s a very good reason for Rule 112 of Rules of Criminal Procedure- if someone makes an unauthorized recording in a Court not of Record, there’s no way to control how it might be manipulated later, and then passed off as the truth. We’ve received dozens upon dozens of phone calls, faxes, and e-mails. There are literally hundreds of not-so-nice posts all over the internet on at least 4 sites that have carried this story, mainly because I’ve been painted as a Muslim judge who didn’t recuse himself, and who’s trying to introduce Sharia law into Mechanicsburg.

Cry me a river. Yes, the people claiming that this is about imposing Sharia law are morons and ideologues. But that doesn’t absolve you of wrongdoing. Your lecture about the limits of the First Amendment were not just utterly false, they were also irrelevant to the proceedings. And the fact that you saw fit to deliver that lecture makes you unfit for the bench.
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