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	<title>Comments on: Swiss vote to ban minarets</title>
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	<description>Commentary on law, public policy, and more</description>
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		<title>By: John Wilson</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-4/#comment-705167</link>
		<dc:creator>John Wilson</dc:creator>
		<pubDate>Fri, 11 Dec 2009 06:25:21 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-705167</guid>
		<description>Strict: The Ba’athists in Iraq also hanged Jews on trumped-up charges of spying. That doesn’t mean that Baathism is Islamonazism. 

Yankev:  Facism took different forms in different countries. The Muslim Brotherhood, a Baathist group, was the form that it took in themiddle east.&quot;

I had been following the thread about Islamonazism and could not help but notice that Yankev seemed to shift from Nazi to Fascist.  I think it is useful to distinguish between the two.  The German Nazi party, with its history of genocide of Jews and others, was only one of many groups that fashioned themselves after the Italian Fascist movement including Frano&#039;s party in Spain and the Israeli terrorist group Irgun, founded by Ahimeir.  But certainly no one would consider Ahimeir to be a Nazi.  

I have never posted before and am unclear how one does the indentation of when quoting from previous posts.  Please forgive the appearance of my formatting.</description>
		<content:encoded><![CDATA[<p>Strict: The Ba’athists in Iraq also hanged Jews on trumped-up charges of spying. That doesn’t mean that Baathism is Islamonazism. </p>
<p>Yankev:  Facism took different forms in different countries. The Muslim Brotherhood, a Baathist group, was the form that it took in themiddle east.&#8221;</p>
<p>I had been following the thread about Islamonazism and could not help but notice that Yankev seemed to shift from Nazi to Fascist.  I think it is useful to distinguish between the two.  The German Nazi party, with its history of genocide of Jews and others, was only one of many groups that fashioned themselves after the Italian Fascist movement including Frano&#8217;s party in Spain and the Israeli terrorist group Irgun, founded by Ahimeir.  But certainly no one would consider Ahimeir to be a Nazi.  </p>
<p>I have never posted before and am unclear how one does the indentation of when quoting from previous posts.  Please forgive the appearance of my formatting.</p>
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		<title>By: Matthew Carberry</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-4/#comment-701748</link>
		<dc:creator>Matthew Carberry</dc:creator>
		<pubDate>Sat, 05 Dec 2009 23:49:21 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-701748</guid>
		<description>I&#039;m still not sure where your antagonism is coming from.  I think you&#039;re assuming some bias on my part that doesn&#039;t exist.  I&#039;m in no way defending the lack of willingness to allow assimilation by any government nor projecting it onto any immigrant population. 

Pointing out demographic and sociological realities, that fluency, education level and cultural similarity have a real impact on &lt;em&gt;ability&lt;/em&gt; to assimilate &lt;em&gt;regardless&lt;/em&gt; of official policies is in no way &quot;blaming the victim&quot;.  The official policies and (apparent) general xenophobia in Europe could change tomorrow and the populations at issue, isolated by class, language and culture/religion, would still face great difficulty in assimilating.  Any policy change has to take that into account to ease the transition and make assimilation efficient. 

The &quot;dodge&quot; you speak of was simply noting the difference between official US policy, which restricts immigration based on skills and abilities which are conducive to easy assimilation and the very different starting point in those areas of most of the illegal immigrant population in the US.

You are correct that most of the Mexican/Latin American immigrants, legal or illegal, to the US do desire to fully assimilate, after all, they are merely moving from one &quot;Western&quot; culture to another.  Illegals, who are not being selected for traits that make assimilation easier, have to work a bit harder, much like the waves of &quot;huddled masses&quot; of the past.  That&#039;s just reality.   

You seem to be picking a fight with someone who agrees with you and I don&#039;t understand why.</description>
		<content:encoded><![CDATA[<p>I&#8217;m still not sure where your antagonism is coming from.  I think you&#8217;re assuming some bias on my part that doesn&#8217;t exist.  I&#8217;m in no way defending the lack of willingness to allow assimilation by any government nor projecting it onto any immigrant population. </p>
<p>Pointing out demographic and sociological realities, that fluency, education level and cultural similarity have a real impact on <em>ability</em> to assimilate <em>regardless</em> of official policies is in no way &#8220;blaming the victim&#8221;.  The official policies and (apparent) general xenophobia in Europe could change tomorrow and the populations at issue, isolated by class, language and culture/religion, would still face great difficulty in assimilating.  Any policy change has to take that into account to ease the transition and make assimilation efficient. </p>
<p>The &#8220;dodge&#8221; you speak of was simply noting the difference between official US policy, which restricts immigration based on skills and abilities which are conducive to easy assimilation and the very different starting point in those areas of most of the illegal immigrant population in the US.</p>
<p>You are correct that most of the Mexican/Latin American immigrants, legal or illegal, to the US do desire to fully assimilate, after all, they are merely moving from one &#8220;Western&#8221; culture to another.  Illegals, who are not being selected for traits that make assimilation easier, have to work a bit harder, much like the waves of &#8220;huddled masses&#8221; of the past.  That&#8217;s just reality.   </p>
<p>You seem to be picking a fight with someone who agrees with you and I don&#8217;t understand why.</p>
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		<title>By: Seth Edenbaum</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-4/#comment-701478</link>
		<dc:creator>Seth Edenbaum</dc:creator>
		<pubDate>Sat, 05 Dec 2009 16:35:38 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-701478</guid>
		<description>&quot;So my point is, European Muslims, who as immigrant or birthright citizens (some Algerians in France for example) should be considered as “European” as any others, are in large part starting demographically at a disadvantage for assimilation in general AND are facing a harder social situation due to various countries laws and policies.&quot;

&quot;The US hasn’t taken in “huddled masses” en masse to do low wage labor for a long time, at least not legally,&quot;

And yet the fact is that Europe -still- is not very interested in assimilating outsiders, and that the question of legal or illegal residence in this context is irrelevant.  I said you or someone would bring up Mexicans, and be wrong, but instead you dodge the issue, and my point: Spanish speaking immigrants, the new huddled masses by your definition, pick up english as quickly as every other ethnic group.
Assimilation happens when it is allowed.

The harder questions concern the need to for countries to regulate their own economies, and border control plays a part in that. But that&#039;s got nothing to do with the discussion  here, which is just stupidity. Trying to sound serious is not the same as trying to be serious.</description>
		<content:encoded><![CDATA[<p>&#8220;So my point is, European Muslims, who as immigrant or birthright citizens (some Algerians in France for example) should be considered as “European” as any others, are in large part starting demographically at a disadvantage for assimilation in general AND are facing a harder social situation due to various countries laws and policies.&#8221;</p>
<p>&#8220;The US hasn’t taken in “huddled masses” en masse to do low wage labor for a long time, at least not legally,&#8221;</p>
<p>And yet the fact is that Europe -still- is not very interested in assimilating outsiders, and that the question of legal or illegal residence in this context is irrelevant.  I said you or someone would bring up Mexicans, and be wrong, but instead you dodge the issue, and my point: Spanish speaking immigrants, the new huddled masses by your definition, pick up english as quickly as every other ethnic group.<br />
Assimilation happens when it is allowed.</p>
<p>The harder questions concern the need to for countries to regulate their own economies, and border control plays a part in that. But that&#8217;s got nothing to do with the discussion  here, which is just stupidity. Trying to sound serious is not the same as trying to be serious.</p>
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		<title>By: Matthew Carberry</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-4/#comment-701129</link>
		<dc:creator>Matthew Carberry</dc:creator>
		<pubDate>Fri, 04 Dec 2009 22:41:27 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-701129</guid>
		<description>I hope that schmuck wasn&#039;t directed at me.  

I wasn&#039;t disagreeing with you, simply pointing out that sociological factors in the immigrant populations being compared &lt;em&gt;are&lt;/em&gt; significant when it comes to the ease of assimilation.  

&quot;Middle/Upper class&quot; immigrants of any culture, which is what US policy is geared for, are likely to fairly easily blend in with, and conversely, want to assimilate into, current US culture as we are, and always have been, more of a &quot;classist&quot; than truly racist society (attitudes toward and success rates of non-Afro-American black immigrants versus &quot;domestic&quot; non-upper/middle class African-Americans as a curious example).  Money, education, and mastery of common standard English (particularly with a cool accent) has always tended to trump xenophobia in the US over time.

I think we are actually in agreement in general as I just don&#039;t see that parallel in Europe.  It is my understanding that there&#039;s a significantly different demographic among the majority of immigrants in terms of education, wealth and language mastery which leads toward cultural isolation on both parts, exacerbated for all immigrants, of whatever generation or &quot;class&quot;, by the various countries official immigration and social policies and what I don&#039;t think is unfair to call a slightly greater degree of cultural xenophobia in the &quot;original&quot; populations.  

The US hasn&#039;t taken in &quot;huddled masses&quot; en masse to do low wage labor for a long time, at least not legally, so we aren&#039;t really having to deal with the same demographic issues.  In Europe that type of immigration picked up in, particularly in Germany, in what, the &#039;70s?

So my point is, European Muslims, who as immigrant or birthright citizens (some Algerians in France for example) should be considered as &quot;European&quot; as any others, are in large part starting demographically at a disadvantage for assimilation in general AND are facing a harder social situation due to various countries laws and policies.</description>
		<content:encoded><![CDATA[<p>I hope that schmuck wasn&#8217;t directed at me.  </p>
<p>I wasn&#8217;t disagreeing with you, simply pointing out that sociological factors in the immigrant populations being compared <em>are</em> significant when it comes to the ease of assimilation.  </p>
<p>&#8220;Middle/Upper class&#8221; immigrants of any culture, which is what US policy is geared for, are likely to fairly easily blend in with, and conversely, want to assimilate into, current US culture as we are, and always have been, more of a &#8220;classist&#8221; than truly racist society (attitudes toward and success rates of non-Afro-American black immigrants versus &#8220;domestic&#8221; non-upper/middle class African-Americans as a curious example).  Money, education, and mastery of common standard English (particularly with a cool accent) has always tended to trump xenophobia in the US over time.</p>
<p>I think we are actually in agreement in general as I just don&#8217;t see that parallel in Europe.  It is my understanding that there&#8217;s a significantly different demographic among the majority of immigrants in terms of education, wealth and language mastery which leads toward cultural isolation on both parts, exacerbated for all immigrants, of whatever generation or &#8220;class&#8221;, by the various countries official immigration and social policies and what I don&#8217;t think is unfair to call a slightly greater degree of cultural xenophobia in the &#8220;original&#8221; populations.  </p>
<p>The US hasn&#8217;t taken in &#8220;huddled masses&#8221; en masse to do low wage labor for a long time, at least not legally, so we aren&#8217;t really having to deal with the same demographic issues.  In Europe that type of immigration picked up in, particularly in Germany, in what, the &#8217;70s?</p>
<p>So my point is, European Muslims, who as immigrant or birthright citizens (some Algerians in France for example) should be considered as &#8220;European&#8221; as any others, are in large part starting demographically at a disadvantage for assimilation in general AND are facing a harder social situation due to various countries laws and policies.</p>
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		<title>By: Ski Chalets</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-4/#comment-700744</link>
		<dc:creator>Ski Chalets</dc:creator>
		<pubDate>Fri, 04 Dec 2009 10:31:54 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-700744</guid>
		<description>Our view is to live and let live others happily.As Switzerland is called as the heaven on earth.Skiing in Switzerland is lifetime experience.The luxury ski chalets are there to take care of the ski lovers.</description>
		<content:encoded><![CDATA[<p>Our view is to live and let live others happily.As Switzerland is called as the heaven on earth.Skiing in Switzerland is lifetime experience.The luxury ski chalets are there to take care of the ski lovers.</p>
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		<title>By: Seth Edenbaum</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-4/#comment-700657</link>
		<dc:creator>Seth Edenbaum</dc:creator>
		<pubDate>Fri, 04 Dec 2009 04:38:09 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-700657</guid>
		<description>http://jta.org/news/article/2009/12/03/1009507/swiss-leader-calls-for-jewish-cemetery-ban

Swiss leader calls for Jewish cemetery ban

What did I tell you, schmuck?</description>
		<content:encoded><![CDATA[<p><a href="http://jta.org/news/article/2009/12/03/1009507/swiss-leader-calls-for-jewish-cemetery-ban" rel="nofollow">http://jta.org/news/article/2009/12/03/1009507/swiss-leader-calls-for-jewish-cemetery-ban</a></p>
<p>Swiss leader calls for Jewish cemetery ban</p>
<p>What did I tell you, schmuck?</p>
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		<title>By: Seth Edenbaum</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-4/#comment-700426</link>
		<dc:creator>Seth Edenbaum</dc:creator>
		<pubDate>Thu, 03 Dec 2009 23:12:56 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-700426</guid>
		<description>http://www.gulawweekly.org/articles/us-muslim-population-examined
Most Muslims in the US are 1st generation.

Germany changed its Citizenship laws around the beginning of this century, they should have been changed by the occupying forces in 1945.  Look up Jus Sanguinis v Jus Soli.
European Muslims are Europeans as European Jews were Europeans. Unfortunately, Europeans still have a hard time accepting such things. 

There are differences in the demographics of European and American Muslims but assimilation occurs always, when its possible.  Next you&#039;ll bring up Mexicans, and you&#039;ll be wrong about that too.
I&#039;m done.</description>
		<content:encoded><![CDATA[<p><a href="http://www.gulawweekly.org/articles/us-muslim-population-examined" rel="nofollow">http://www.gulawweekly.org/articles/us-muslim-population-examined</a><br />
Most Muslims in the US are 1st generation.</p>
<p>Germany changed its Citizenship laws around the beginning of this century, they should have been changed by the occupying forces in 1945.  Look up Jus Sanguinis v Jus Soli.<br />
European Muslims are Europeans as European Jews were Europeans. Unfortunately, Europeans still have a hard time accepting such things. </p>
<p>There are differences in the demographics of European and American Muslims but assimilation occurs always, when its possible.  Next you&#8217;ll bring up Mexicans, and you&#8217;ll be wrong about that too.<br />
I&#8217;m done.</p>
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		<title>By: Matthew Carberry</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-4/#comment-700301</link>
		<dc:creator>Matthew Carberry</dc:creator>
		<pubDate>Thu, 03 Dec 2009 21:19:59 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-700301</guid>
		<description>Most Muslims in the US are 1st/2nd/3rd generation immigrants.  That they have above average incomes is almost certainly an artifact of immigration policies requiring a disproportionate amount of immigrants from some areas to already have advanced degrees, be in school for such degrees, speak English or have other marketable skills.  Conversely, in Europe many (I assume most) Muslim immigrants were initially lower income/skilled brought in to do lower income labor. That&#039;s really an apples and orange comparison.

The fact that Muslims in America are considered Americans first is an artifact of how America (over time anyway) culturally treats and embraces its immigrants, and how most immigrants who come here want to &lt;em&gt;be&lt;/em&gt; Americans first.  They actively self-assimilate into a culture that is ultimately accepting of them. 

The lower income/class immigrants in Europe don&#039;t seem, in the main, to want to assimilate, merely to enjoy a better standard of living than they had in their home countries.  And it certainly seems their host countries have had little interest in encouraging or forcing any sort of assimilation on them.  Temporary visitors, not future citizens.</description>
		<content:encoded><![CDATA[<p>Most Muslims in the US are 1st/2nd/3rd generation immigrants.  That they have above average incomes is almost certainly an artifact of immigration policies requiring a disproportionate amount of immigrants from some areas to already have advanced degrees, be in school for such degrees, speak English or have other marketable skills.  Conversely, in Europe many (I assume most) Muslim immigrants were initially lower income/skilled brought in to do lower income labor. That&#8217;s really an apples and orange comparison.</p>
<p>The fact that Muslims in America are considered Americans first is an artifact of how America (over time anyway) culturally treats and embraces its immigrants, and how most immigrants who come here want to <em>be</em> Americans first.  They actively self-assimilate into a culture that is ultimately accepting of them. </p>
<p>The lower income/class immigrants in Europe don&#8217;t seem, in the main, to want to assimilate, merely to enjoy a better standard of living than they had in their home countries.  And it certainly seems their host countries have had little interest in encouraging or forcing any sort of assimilation on them.  Temporary visitors, not future citizens.</p>
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		<title>By: Seth Edenbaum</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-4/#comment-700014</link>
		<dc:creator>Seth Edenbaum</dc:creator>
		<pubDate>Thu, 03 Dec 2009 15:19:29 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-700014</guid>
		<description>Racists try to forget history. Read up on the fear of immigrants in NY 100 years ago.
Your language is that dated. 
Interestingly, Muslims in the US have incomes above average. And they&#039;re considered Americans, while Jews even today in Europe (the few that are left) and living in one country for 700 years are still considered Jews first rather than Poles or Germans.

The prime mover of all this is the fear of people like you. All the other factors, without denying their significance, are secondary.
Muslims are the new Jews of Angela Merkel&#039;s &quot;Christian Europe.&quot;</description>
		<content:encoded><![CDATA[<p>Racists try to forget history. Read up on the fear of immigrants in NY 100 years ago.<br />
Your language is that dated.<br />
Interestingly, Muslims in the US have incomes above average. And they&#8217;re considered Americans, while Jews even today in Europe (the few that are left) and living in one country for 700 years are still considered Jews first rather than Poles or Germans.</p>
<p>The prime mover of all this is the fear of people like you. All the other factors, without denying their significance, are secondary.<br />
Muslims are the new Jews of Angela Merkel&#8217;s &#8220;Christian Europe.&#8221;</p>
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		<title>By: Richard Aubrey</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-4/#comment-699778</link>
		<dc:creator>Richard Aubrey</dc:creator>
		<pubDate>Thu, 03 Dec 2009 03:48:50 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-699778</guid>
		<description>Seth.
I think you missed the point.
The Jews in pre-war Europe were not holding nightly carbeques, making various parts of large cities no-go areas, beating up gays, and threatening various artists and publishers.
They were not proclaiming the goal of making Jews of all Europe, or of making all Europe subject to Jews.
Their rabbis were not preaching violence against non-Jews.
Gangs of Jews did not conduct rape wars against non-Jewish women.
Am I getting through yet?
There&#039;s a difference between what the Jews did in pre-war Europe and what is being done by Muslims today.
Therefore the question of what to do is different and the answer might be different than if you made it an identical question about what should have been done with/to/about Jews in pre-war Europe.</description>
		<content:encoded><![CDATA[<p>Seth.<br />
I think you missed the point.<br />
The Jews in pre-war Europe were not holding nightly carbeques, making various parts of large cities no-go areas, beating up gays, and threatening various artists and publishers.<br />
They were not proclaiming the goal of making Jews of all Europe, or of making all Europe subject to Jews.<br />
Their rabbis were not preaching violence against non-Jews.<br />
Gangs of Jews did not conduct rape wars against non-Jewish women.<br />
Am I getting through yet?<br />
There&#8217;s a difference between what the Jews did in pre-war Europe and what is being done by Muslims today.<br />
Therefore the question of what to do is different and the answer might be different than if you made it an identical question about what should have been done with/to/about Jews in pre-war Europe.</p>
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		<title>By: Seth Edenbaum</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-4/#comment-699759</link>
		<dc:creator>Seth Edenbaum</dc:creator>
		<pubDate>Thu, 03 Dec 2009 03:41:27 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-699759</guid>
		<description>&quot;Problem is, the Jews weren’t causing violence and insisting their way or the highway.&quot;
I guess you&#039;re referring to our friends the Saudis.  There are no Jews allowed in Saudi Arabia. But there are 7 Kosher butcher shops in Teheran, at least recently.

A secret deal between Iran and the Geneva Police?  I&#039;d love to see the documentation.
On the other hand we have the example of Israel and a 40 year occupation, and ongoing expulsions of people from their land and homes.
Believe me I&#039;ve gotten into arguments before on the Zionism is racism debate, once even at the 2nd Ave. Deli.  It takes about 3 minutes of ridiculously malformed logic before by debating partner ends up shouting: &quot;But the Arabs are barbarians!&quot;

I speak to children, and I listen. But I don&#039;t argue. You&#039;re not my responsibility. If you were I would have done a better job of raising you than your parents did, that&#039;s for sure.</description>
		<content:encoded><![CDATA[<p>&#8220;Problem is, the Jews weren’t causing violence and insisting their way or the highway.&#8221;<br />
I guess you&#8217;re referring to our friends the Saudis.  There are no Jews allowed in Saudi Arabia. But there are 7 Kosher butcher shops in Teheran, at least recently.</p>
<p>A secret deal between Iran and the Geneva Police?  I&#8217;d love to see the documentation.<br />
On the other hand we have the example of Israel and a 40 year occupation, and ongoing expulsions of people from their land and homes.<br />
Believe me I&#8217;ve gotten into arguments before on the Zionism is racism debate, once even at the 2nd Ave. Deli.  It takes about 3 minutes of ridiculously malformed logic before by debating partner ends up shouting: &#8220;But the Arabs are barbarians!&#8221;</p>
<p>I speak to children, and I listen. But I don&#8217;t argue. You&#8217;re not my responsibility. If you were I would have done a better job of raising you than your parents did, that&#8217;s for sure.</p>
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		<title>By: Richard Aubrey</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-4/#comment-698948</link>
		<dc:creator>Richard Aubrey</dc:creator>
		<pubDate>Wed, 02 Dec 2009 15:17:35 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-698948</guid>
		<description>Seth.
Point taken.
Problem is, the Jews weren&#039;t causing violence and insisting their way or the highway.
Different.
Perhaps the Swiss were still being unjust, but the cases are different.</description>
		<content:encoded><![CDATA[<p>Seth.<br />
Point taken.<br />
Problem is, the Jews weren&#8217;t causing violence and insisting their way or the highway.<br />
Different.<br />
Perhaps the Swiss were still being unjust, but the cases are different.</p>
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		<title>By: Seth Edenbaum</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-3/#comment-698682</link>
		<dc:creator>Seth Edenbaum</dc:creator>
		<pubDate>Wed, 02 Dec 2009 04:44:43 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-698682</guid>
		<description>Let me say as a Jew, this isn&#039;t exactly doing any good for my opinion of the Swiss.
After all &quot;Christian Europe&quot; succeeded in getting rid of one group of Semites.
I&#039;m not too impressed that it hasn&#039;t learned its lesson.</description>
		<content:encoded><![CDATA[<p>Let me say as a Jew, this isn&#8217;t exactly doing any good for my opinion of the Swiss.<br />
After all &#8220;Christian Europe&#8221; succeeded in getting rid of one group of Semites.<br />
I&#8217;m not too impressed that it hasn&#8217;t learned its lesson.</p>
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		<title>By: Guy</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-3/#comment-698438</link>
		<dc:creator>Guy</dc:creator>
		<pubDate>Wed, 02 Dec 2009 00:25:31 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-698438</guid>
		<description>&lt;blockquote cite=&quot;comment-697907&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-697907&quot; rel=&quot;nofollow&quot;&gt;keypusher64&lt;/a&gt;&lt;/strong&gt;: Neither one of us knows that.
&lt;/blockquote&gt;

So your defense is that maybe, just maybe, this ban will cow Muslims into submission for some reason that you&#039;re unable to articulate, even though that flies in the face of (my understanding of, at least) human nature?

I want to emphasize that I don&#039;t think rioting is terribly likely or necessarily justified, but I don&#039;t see how stigmatizing Muslims is going to &lt;em&gt;reduce&lt;/em&gt; the likelihood of rioting.  And to the extent that I understand you to be saying that Muslims ought to be punished in advance for rioting that &lt;em&gt;might&lt;/em&gt; occur, I find your position morally reprehensible.</description>
		<content:encoded><![CDATA[<blockquote cite="comment-697907">
<p><strong><a href="#comment-697907" rel="nofollow">keypusher64</a></strong>: Neither one of us knows that.
</p></blockquote>
<p>So your defense is that maybe, just maybe, this ban will cow Muslims into submission for some reason that you&#8217;re unable to articulate, even though that flies in the face of (my understanding of, at least) human nature?</p>
<p>I want to emphasize that I don&#8217;t think rioting is terribly likely or necessarily justified, but I don&#8217;t see how stigmatizing Muslims is going to <em>reduce</em> the likelihood of rioting.  And to the extent that I understand you to be saying that Muslims ought to be punished in advance for rioting that <em>might</em> occur, I find your position morally reprehensible.</p>
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		<title>By: Two-Fisted Law Student</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-3/#comment-698331</link>
		<dc:creator>Two-Fisted Law Student</dc:creator>
		<pubDate>Tue, 01 Dec 2009 22:41:45 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-698331</guid>
		<description>&lt;blockquote cite=&quot;comment-698096&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-698096&quot; rel=&quot;nofollow&quot;&gt;LN&lt;/a&gt;&lt;/strong&gt;: Not sure where you got that from.I just found it interesting that the Swiss majority issued a clear blow against freedom and liberty, and Kopel the libertarian decides to blame Islamonazis, feckless Swiss elites, and feminists, all while shaking his head in sorrow that “decent, freedom-loving” Muslims “had” to suffer this&#160;fate.

&lt;/blockquote&gt;
I completely misread you; comment retracted and agreement proffered.</description>
		<content:encoded><![CDATA[<blockquote cite="comment-698096">
<p><strong><a href="#comment-698096" rel="nofollow">LN</a></strong>: Not sure where you got that from.I just found it interesting that the Swiss majority issued a clear blow against freedom and liberty, and Kopel the libertarian decides to blame Islamonazis, feckless Swiss elites, and feminists, all while shaking his head in sorrow that “decent, freedom-loving” Muslims “had” to suffer this&nbsp;fate.</p>
</blockquote>
<p>I completely misread you; comment retracted and agreement proffered.</p>
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		<title>By: Richard Aubrey</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-3/#comment-698215</link>
		<dc:creator>Richard Aubrey</dc:creator>
		<pubDate>Tue, 01 Dec 2009 20:45:14 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-698215</guid>
		<description>I would be concerned about this.  I would be concerned about any restriction of any religious practice.  There are common-sense issues of public nuisance, human sacrifice (theoretically), zoning, and so forth, but I am for considerable latitude.
Unfortunately for freedom-loving Muslims, presuming they are so even after they have &quot;critical mass&quot;, for many of their co-religionists, Islam is also a culture and a system of social organization which is to be imposed even on non-believers.  The social violence we see in France and Holland (bad place to be gay says Bruce Bawer)at the hands of Muslims and justified by reference either to the Koran or the rights of Muslims makes this a different issue than what we consider only religion.
Looking at this as if it&#039;s only a First Amendment issue does not cover all the issues.  I&#039;m not sure what does.  Applying local law and common sense falls down when we see how Nidal Hassan&#039;s red flags were passed by in silence for fear of looking Islamophobic.
It has been reported that the Norwegian authorities stopped--which means they had been--breaking out the ethnic group of rapists due to the huge disproportion of Muslims involved.  Apparently they didn&#039;t want the population to get the wrong idea, whatever that was.  Of course, when you do that, the population can only think things are even worse.
We see Euro and UK governments doing the same sort of things.
A kid in England said, when transferred from one class project group to another that she wanted one which didn&#039;t speak Urdo.  She was arrested for hate speech.
This sort of thing is going to make the indigenous personnel angry at the elites who, as usual, take care to live at a distance from the chaos they so cheerfully impose on others.</description>
		<content:encoded><![CDATA[<p>I would be concerned about this.  I would be concerned about any restriction of any religious practice.  There are common-sense issues of public nuisance, human sacrifice (theoretically), zoning, and so forth, but I am for considerable latitude.<br />
Unfortunately for freedom-loving Muslims, presuming they are so even after they have &#8220;critical mass&#8221;, for many of their co-religionists, Islam is also a culture and a system of social organization which is to be imposed even on non-believers.  The social violence we see in France and Holland (bad place to be gay says Bruce Bawer)at the hands of Muslims and justified by reference either to the Koran or the rights of Muslims makes this a different issue than what we consider only religion.<br />
Looking at this as if it&#8217;s only a First Amendment issue does not cover all the issues.  I&#8217;m not sure what does.  Applying local law and common sense falls down when we see how Nidal Hassan&#8217;s red flags were passed by in silence for fear of looking Islamophobic.<br />
It has been reported that the Norwegian authorities stopped&#8211;which means they had been&#8211;breaking out the ethnic group of rapists due to the huge disproportion of Muslims involved.  Apparently they didn&#8217;t want the population to get the wrong idea, whatever that was.  Of course, when you do that, the population can only think things are even worse.<br />
We see Euro and UK governments doing the same sort of things.<br />
A kid in England said, when transferred from one class project group to another that she wanted one which didn&#8217;t speak Urdo.  She was arrested for hate speech.<br />
This sort of thing is going to make the indigenous personnel angry at the elites who, as usual, take care to live at a distance from the chaos they so cheerfully impose on others.</p>
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		<title>By: californiamom</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-3/#comment-698160</link>
		<dc:creator>californiamom</dc:creator>
		<pubDate>Tue, 01 Dec 2009 19:53:41 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-698160</guid>
		<description>Well, if the Swiss want Switzerland to stay the way it is, that is their right as a nation.</description>
		<content:encoded><![CDATA[<p>Well, if the Swiss want Switzerland to stay the way it is, that is their right as a nation.</p>
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		<title>By: LN</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-3/#comment-698096</link>
		<dc:creator>LN</dc:creator>
		<pubDate>Tue, 01 Dec 2009 18:38:23 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-698096</guid>
		<description>Not sure where you got that from.  I just found it interesting that the Swiss majority issued a clear blow against freedom and liberty, and Kopel the libertarian decides to blame Islamonazis, feckless Swiss elites, and feminists, all while shaking his head in sorrow that &quot;decent, freedom-loving&quot; Muslims &quot;had&quot; to suffer this fate.</description>
		<content:encoded><![CDATA[<p>Not sure where you got that from.  I just found it interesting that the Swiss majority issued a clear blow against freedom and liberty, and Kopel the libertarian decides to blame Islamonazis, feckless Swiss elites, and feminists, all while shaking his head in sorrow that &#8220;decent, freedom-loving&#8221; Muslims &#8220;had&#8221; to suffer this fate.</p>
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		<title>By: Two-Fisted Law Student</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-3/#comment-697947</link>
		<dc:creator>Two-Fisted Law Student</dc:creator>
		<pubDate>Tue, 01 Dec 2009 16:25:19 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-697947</guid>
		<description>&lt;blockquote cite=&quot;comment-697565&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-697565&quot; rel=&quot;nofollow&quot;&gt;LN&lt;/a&gt;&lt;/strong&gt;: rah rah
&lt;/blockquote&gt;

So what?  In democratic countries, good laws and bad laws are both passed by the majority; if you think that the imprimatur of the majority makes the thing itself virtuous, I&#039;ve got some speeches by an old dead Greek guy you oughtta read.</description>
		<content:encoded><![CDATA[<blockquote cite="comment-697565">
<p><strong><a href="#comment-697565" rel="nofollow">LN</a></strong>: rah rah
</p></blockquote>
<p>So what?  In democratic countries, good laws and bad laws are both passed by the majority; if you think that the imprimatur of the majority makes the thing itself virtuous, I&#8217;ve got some speeches by an old dead Greek guy you oughtta read.</p>
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		<title>By: keypusher64</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-3/#comment-697907</link>
		<dc:creator>keypusher64</dc:creator>
		<pubDate>Tue, 01 Dec 2009 15:44:42 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-697907</guid>
		<description>&lt;blockquote cite=&quot;comment-697614&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-697614&quot; rel=&quot;nofollow&quot;&gt;Ricardo&lt;/a&gt;&lt;/strong&gt;: 
This is completely wrong.While many other multilingual countries have either failed or continue to face semi-serious secession or partition movements like Belgium, the UK, and even Canada, Switzerland stays together as a multilingual, multinational federation apparently without any serious attempt to split up the country along linguistic lines.&lt;/blockquote&gt;

I leave it to others more knowledgeable to say the extent to which local control helps keep Switzerland together.  More importantly, though, it is perfectly possible for a German-speaking Swiss to regard his French- and Italian-speaking compatriots with benevolence while disliking, say, Turks and Somalis.

&lt;blockquote&gt;Aside from that, you don’t think that maybe geology has more to do with the fact that Switzerland is a nice&#160;place?&lt;/blockquote&gt;

&lt;/blockquote&gt;

No, I think it&#039;s the Swiss.



&lt;blockquote cite=&quot;comment-697815&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-697815&quot; rel=&quot;nofollow&quot;&gt;Guy&lt;/a&gt;&lt;/strong&gt;: 
That doesn’t come anywhere near to the kind of oppression a people need to face to be kept from rioting.&lt;/blockquote&gt;

Neither one of us knows that.</description>
		<content:encoded><![CDATA[<blockquote cite="comment-697614">
<p><strong><a href="#comment-697614" rel="nofollow">Ricardo</a></strong>:<br />
This is completely wrong.While many other multilingual countries have either failed or continue to face semi-serious secession or partition movements like Belgium, the UK, and even Canada, Switzerland stays together as a multilingual, multinational federation apparently without any serious attempt to split up the country along linguistic lines.</p></blockquote>
<p>I leave it to others more knowledgeable to say the extent to which local control helps keep Switzerland together.  More importantly, though, it is perfectly possible for a German-speaking Swiss to regard his French- and Italian-speaking compatriots with benevolence while disliking, say, Turks and Somalis.</p>
<blockquote><p>Aside from that, you don’t think that maybe geology has more to do with the fact that Switzerland is a nice&nbsp;place?</p></blockquote>
<p>No, I think it&#8217;s the Swiss.</p>
<blockquote cite="comment-697815">
<p><strong><a href="#comment-697815" rel="nofollow">Guy</a></strong>:<br />
That doesn’t come anywhere near to the kind of oppression a people need to face to be kept from rioting.</p></blockquote>
<p>Neither one of us knows that.</p>
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		<title>By: gray</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-3/#comment-697902</link>
		<dc:creator>gray</dc:creator>
		<pubDate>Tue, 01 Dec 2009 15:39:45 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-697902</guid>
		<description>I&#039;m an expat living in Switzerland these days.  Most answers I received when I asked about the vote describe it  as more specifically a reaction to Islamic culture.  Also a more general reaction to  multiculturalism and change.  So really it was about xenophobia and conservatism.  Nothing to do with architectural taste.

T</description>
		<content:encoded><![CDATA[<p>I&#8217;m an expat living in Switzerland these days.  Most answers I received when I asked about the vote describe it  as more specifically a reaction to Islamic culture.  Also a more general reaction to  multiculturalism and change.  So really it was about xenophobia and conservatism.  Nothing to do with architectural taste.</p>
<p>T</p>
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		<title>By: californiamom</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-3/#comment-697899</link>
		<dc:creator>californiamom</dc:creator>
		<pubDate>Tue, 01 Dec 2009 15:38:11 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-697899</guid>
		<description>Aesthetics aside, the basic question is this:  Do the Swiss have a right to define their country&#039;s identity?</description>
		<content:encoded><![CDATA[<p>Aesthetics aside, the basic question is this:  Do the Swiss have a right to define their country&#8217;s identity?</p>
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		<title>By: Strict</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-3/#comment-697888</link>
		<dc:creator>Strict</dc:creator>
		<pubDate>Tue, 01 Dec 2009 15:26:18 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-697888</guid>
		<description>California Mom: &quot;But it would look ridiculous and completely out of place in Lucerne.&quot;

Why?  

Minarets aren&#039;t that weird looking.  There are already similar looking structures in Lucerne, like the twin towers of Leodegar. The famous Water Tower resembles a minaret. The flanks of the City Tower feature two lookout tower structures.  The Jesuit Church features twin bulbous &quot;onion&quot; domes, an architectural design reminiscent of Muslim and Russian Orthodox culture.

Have you been to Lucerne?

Anyway, your aesthetic opinion would be an awfully strange basis for a Constitutional amendment.</description>
		<content:encoded><![CDATA[<p>California Mom: &#8220;But it would look ridiculous and completely out of place in Lucerne.&#8221;</p>
<p>Why?  </p>
<p>Minarets aren&#8217;t that weird looking.  There are already similar looking structures in Lucerne, like the twin towers of Leodegar. The famous Water Tower resembles a minaret. The flanks of the City Tower feature two lookout tower structures.  The Jesuit Church features twin bulbous &#8220;onion&#8221; domes, an architectural design reminiscent of Muslim and Russian Orthodox culture.</p>
<p>Have you been to Lucerne?</p>
<p>Anyway, your aesthetic opinion would be an awfully strange basis for a Constitutional amendment.</p>
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		<title>By: Anderson</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-3/#comment-697845</link>
		<dc:creator>Anderson</dc:creator>
		<pubDate>Tue, 01 Dec 2009 13:52:03 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-697845</guid>
		<description>Prof. Kerr &lt;a href=&quot;http://crookedtimber.org/2009/11/30/in-which-the-volokh-conspiracys-commitment-to-civic-freedom-of-association-and-expression-takes-an-interesting-turn/comment-page-1/#comment-297086&quot; rel=&quot;nofollow&quot;&gt;wins the thread&lt;/a&gt;, and he&#039;s not even *on* the thread.</description>
		<content:encoded><![CDATA[<p>Prof. Kerr <a href="http://crookedtimber.org/2009/11/30/in-which-the-volokh-conspiracys-commitment-to-civic-freedom-of-association-and-expression-takes-an-interesting-turn/comment-page-1/#comment-297086" rel="nofollow">wins the thread</a>, and he&#8217;s not even *on* the thread.</p>
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		<title>By: Guy</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-3/#comment-697815</link>
		<dc:creator>Guy</dc:creator>
		<pubDate>Tue, 01 Dec 2009 10:46:34 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-697815</guid>
		<description>&lt;blockquote cite=&quot;comment-697451&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-697451&quot; rel=&quot;nofollow&quot;&gt;keypusher64&lt;/a&gt;&lt;/strong&gt;: 
This seems very simplistic to me.There have been lots of persecuted and marginalized groups in American history.Some groups rioted.Most didn’t.Many of those that did riot did so at a time when they were less persecuted, marginalized and discriminated against than in the&#160;past.Also, wouldn’t it make sense for the Swiss to look at European experience with Muslim immigration?Were French immigrant Muslims treated with less respect in the middle of this past decade, when they rioted, than in the 1960s, when they did&#160;not?

&lt;/blockquote&gt;

Perhaps it is simplistic, for example, majorities sometimes riot too, and yes, it&#039;s not as easy to predict as my comment may have made it sound.  But you&#039;re ignoring the issue I was addressing.  I don&#039;t see how banning minarets would cause Muslims to &quot;fall into line&quot;, the only &quot;fear&quot; this could instill is the fear that they will be the target of such hateful legislation in the future.  That doesn&#039;t come anywhere near to the kind of oppression a people need to face to be kept from rioting.  This law &lt;em&gt;is&lt;/em&gt; howeveer, a clear symbolic message to Muslims that they are not welcome in Switzerland.  Not only is punishing a group based on the perceived collective attitudes of that group morally unjustifiable, it&#039;s also the kind of thing that can only lead to alienation and cultural strife.  If you believe that this reduces the chance of a riot, I&#039;d like to hear why, because such a claim is certainly beyond my comprehension.</description>
		<content:encoded><![CDATA[<blockquote cite="comment-697451">
<p><strong><a href="#comment-697451" rel="nofollow">keypusher64</a></strong>:<br />
This seems very simplistic to me.There have been lots of persecuted and marginalized groups in American history.Some groups rioted.Most didn’t.Many of those that did riot did so at a time when they were less persecuted, marginalized and discriminated against than in the&nbsp;past.Also, wouldn’t it make sense for the Swiss to look at European experience with Muslim immigration?Were French immigrant Muslims treated with less respect in the middle of this past decade, when they rioted, than in the 1960s, when they did&nbsp;not?</p>
</blockquote>
<p>Perhaps it is simplistic, for example, majorities sometimes riot too, and yes, it&#8217;s not as easy to predict as my comment may have made it sound.  But you&#8217;re ignoring the issue I was addressing.  I don&#8217;t see how banning minarets would cause Muslims to &#8220;fall into line&#8221;, the only &#8220;fear&#8221; this could instill is the fear that they will be the target of such hateful legislation in the future.  That doesn&#8217;t come anywhere near to the kind of oppression a people need to face to be kept from rioting.  This law <em>is</em> howeveer, a clear symbolic message to Muslims that they are not welcome in Switzerland.  Not only is punishing a group based on the perceived collective attitudes of that group morally unjustifiable, it&#8217;s also the kind of thing that can only lead to alienation and cultural strife.  If you believe that this reduces the chance of a riot, I&#8217;d like to hear why, because such a claim is certainly beyond my comprehension.</p>
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		<title>By: Matthew Carberry</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-3/#comment-697799</link>
		<dc:creator>Matthew Carberry</dc:creator>
		<pubDate>Tue, 01 Dec 2009 08:44:41 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-697799</guid>
		<description>I suppose it could be a national security issue.  By eliminating minarets the Swiss are eliminating targets for the Sharif&#039;s jet fighters.</description>
		<content:encoded><![CDATA[<p>I suppose it could be a national security issue.  By eliminating minarets the Swiss are eliminating targets for the Sharif&#8217;s jet fighters.</p>
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		<title>By: LN</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-3/#comment-697749</link>
		<dc:creator>LN</dc:creator>
		<pubDate>Tue, 01 Dec 2009 06:16:29 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-697749</guid>
		<description>&lt;blockquote cite=&quot;comment-697723&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-697723&quot; rel=&quot;nofollow&quot;&gt;californiamom&lt;/a&gt;&lt;/strong&gt;: 
No.I wouldn’t.(The call to prayer may bring up other issues on noise pollution, however.).In some locales, the tiles and artwork on the mosques are very beautiful and add a lot to the cultural heritage of a country.I’m thinking of the former mosques in Spain, for example.But it would look ridiculous and completely out of place in Lucerne.Cities regulate architectural requirements on a daily basis.Religious houses shouldn’t be exempt.

&lt;/blockquote&gt;

The Swiss vote for a specific constitutional ban on the construction of minarets (there are currently a grand total of four in the country) and you think this is just a natural extension of city zoning laws?  And on top of that, someone protesting the constitutional amendment (which targets a specific religious minority) would be asking for some kind of special treatment for religious houses?

The mind boggles.</description>
		<content:encoded><![CDATA[<blockquote cite="comment-697723">
<p><strong><a href="#comment-697723" rel="nofollow">californiamom</a></strong>:<br />
No.I wouldn’t.(The call to prayer may bring up other issues on noise pollution, however.).In some locales, the tiles and artwork on the mosques are very beautiful and add a lot to the cultural heritage of a country.I’m thinking of the former mosques in Spain, for example.But it would look ridiculous and completely out of place in Lucerne.Cities regulate architectural requirements on a daily basis.Religious houses shouldn’t be exempt.</p>
</blockquote>
<p>The Swiss vote for a specific constitutional ban on the construction of minarets (there are currently a grand total of four in the country) and you think this is just a natural extension of city zoning laws?  And on top of that, someone protesting the constitutional amendment (which targets a specific religious minority) would be asking for some kind of special treatment for religious houses?</p>
<p>The mind boggles.</p>
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		<title>By: Ricardo</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-3/#comment-697738</link>
		<dc:creator>Ricardo</dc:creator>
		<pubDate>Tue, 01 Dec 2009 05:57:02 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-697738</guid>
		<description>&lt;blockquote cite=&quot;comment-697702&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-697702&quot; rel=&quot;nofollow&quot;&gt;Kuzbad&lt;/a&gt;&lt;/strong&gt;: So basically if I’m reading your post literally–you claim 1) Islam has never forbidden the practice other religions 2) Islam has never forbidden the buildings of other religions–are both absolutely false.
&lt;/blockquote&gt;

That wouldn&#039;t be a &quot;literal&quot; reading of my post since I never actually said either of these two things.  What I said is I felt you did not directly address these two points with the necessary qualifications -- your follow-up does, though.

It is of historical interest that Muslims in India gave Hindus the same status as Jews and Christians.  I believe this decision was originally made by the Mughal Emperor Akbar.  A true &quot;Islamofascist&quot; ruling over a majority Hindu country would have engaged in massive forced conversion or ethnic cleansing to change demographic reality.  Akbar&#039;s decision probably is not consistent with any literal reading of the Koran or Hadith but rather seems to be one of those religious edicts stemming from mere pragmatism.

[The 20th century witnessed true Islamofascism in the Indian subcontinent along with an equivalently virulent strain of Hindu fascism with the horrific acts of ethnic cleansing and gang violence engaged in by all sides during Partition.]</description>
		<content:encoded><![CDATA[<blockquote cite="comment-697702">
<p><strong><a href="#comment-697702" rel="nofollow">Kuzbad</a></strong>: So basically if I’m reading your post literally–you claim 1) Islam has never forbidden the practice other religions 2) Islam has never forbidden the buildings of other religions–are both absolutely false.
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<p>That wouldn&#8217;t be a &#8220;literal&#8221; reading of my post since I never actually said either of these two things.  What I said is I felt you did not directly address these two points with the necessary qualifications &#8212; your follow-up does, though.</p>
<p>It is of historical interest that Muslims in India gave Hindus the same status as Jews and Christians.  I believe this decision was originally made by the Mughal Emperor Akbar.  A true &#8220;Islamofascist&#8221; ruling over a majority Hindu country would have engaged in massive forced conversion or ethnic cleansing to change demographic reality.  Akbar&#8217;s decision probably is not consistent with any literal reading of the Koran or Hadith but rather seems to be one of those religious edicts stemming from mere pragmatism.</p>
<p>[The 20th century witnessed true Islamofascism in the Indian subcontinent along with an equivalently virulent strain of Hindu fascism with the horrific acts of ethnic cleansing and gang violence engaged in by all sides during Partition.]</p>
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		<title>By: uberVU - social comments</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-3/#comment-697724</link>
		<dc:creator>uberVU - social comments</dc:creator>
		<pubDate>Tue, 01 Dec 2009 05:31:26 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-697724</guid>
		<description>&lt;strong&gt;Social comments and analytics for this post...&lt;/strong&gt;

This post was mentioned on Twitter by VolokhConspirac: Swiss vote to ban minarets: Pre-election polls showed support for an initiative to ban the construction of new .. http://bit.ly/6sBwRg...</description>
		<content:encoded><![CDATA[<p><strong>Social comments and analytics for this post&#8230;</strong></p>
<p>This post was mentioned on Twitter by VolokhConspirac: Swiss vote to ban minarets: Pre-election polls showed support for an initiative to ban the construction of new .. <a href="http://bit.ly/6sBwRg.." rel="nofollow">http://bit.ly/6sBwRg..</a>.</p>
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		<title>By: californiamom</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-3/#comment-697723</link>
		<dc:creator>californiamom</dc:creator>
		<pubDate>Tue, 01 Dec 2009 05:28:17 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-697723</guid>
		<description>&lt;blockquote cite=&quot;comment-697517&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-697517&quot; rel=&quot;nofollow&quot;&gt;readery&lt;/a&gt;&lt;/strong&gt;: CaliforniaMom,Would you object to a mosque that put up a minaret that had some Swiss architectural features but was nonetheless functionally a minaret?&#160;

&lt;/blockquote&gt;

No.  I wouldn&#039;t.  (The call to prayer may bring up other issues on noise pollution, however.).  In some locales, the tiles and artwork on the mosques are very beautiful and add a lot to the cultural heritage of a country.  I&#039;m thinking of the former mosques in Spain, for example.  But it would look ridiculous and completely out of place in Lucerne.  Cities regulate architectural requirements on a daily basis.  Religious houses shouldn&#039;t be exempt.</description>
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<p><strong><a href="#comment-697517" rel="nofollow">readery</a></strong>: CaliforniaMom,Would you object to a mosque that put up a minaret that had some Swiss architectural features but was nonetheless functionally a minaret?&nbsp;</p>
</blockquote>
<p>No.  I wouldn&#8217;t.  (The call to prayer may bring up other issues on noise pollution, however.).  In some locales, the tiles and artwork on the mosques are very beautiful and add a lot to the cultural heritage of a country.  I&#8217;m thinking of the former mosques in Spain, for example.  But it would look ridiculous and completely out of place in Lucerne.  Cities regulate architectural requirements on a daily basis.  Religious houses shouldn&#8217;t be exempt.</p>
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		<title>By: Kuzbad</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-3/#comment-697702</link>
		<dc:creator>Kuzbad</dc:creator>
		<pubDate>Tue, 01 Dec 2009 04:59:37 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-697702</guid>
		<description>&lt;blockquote&gt;Kuzbad, the claim was that Islam has never forbidden the practice or buildings of other religions, not that historical Islam followed 20th century notions of religious freedom&lt;/blockquote&gt;

Hello, sorry if my earlier post was unclear. To summarize again: Historically, Islam has provided some limited protections for Jews and Christians (and to lesser degrees Sikhs and Hindus, etc). If you look at most any other religion, no protections. Islam sought out and stamped out polytheistic religions (for instance in Arab and Persian areas). The jihad in Kafiristan and the many in West Africa are but a few examples of this. The level of protections for Jews and Christians varied. For example, frequently, churches were not allowed to be built--at all. At others times (always) there were restrictions. There&#039;s a big difference between &quot;noise ordinances&quot; and this.

Perhaps you are confused by my point about the Patriarch--the government of Turkey today merely maintains that power. But for centuries the Ottomans Sultan-Caliph in essence controlled the church by controlling the first among equals--the Patriarch of Constantinople. I fail to see how the modern secular government of Turkey has any relevance?

So basically if I&#039;m reading your post literally--you claim 1) Islam has never forbidden the practice other religions 2) Islam has never forbidden the buildings of other religions--are both absolutely false. I&#039;m willing to concede I may be missing your point as I don&#039;t think I&#039;ve ever seen either of these points under dispute...</description>
		<content:encoded><![CDATA[<blockquote><p>Kuzbad, the claim was that Islam has never forbidden the practice or buildings of other religions, not that historical Islam followed 20th century notions of religious freedom</p></blockquote>
<p>Hello, sorry if my earlier post was unclear. To summarize again: Historically, Islam has provided some limited protections for Jews and Christians (and to lesser degrees Sikhs and Hindus, etc). If you look at most any other religion, no protections. Islam sought out and stamped out polytheistic religions (for instance in Arab and Persian areas). The jihad in Kafiristan and the many in West Africa are but a few examples of this. The level of protections for Jews and Christians varied. For example, frequently, churches were not allowed to be built&#8211;at all. At others times (always) there were restrictions. There&#8217;s a big difference between &#8220;noise ordinances&#8221; and this.</p>
<p>Perhaps you are confused by my point about the Patriarch&#8211;the government of Turkey today merely maintains that power. But for centuries the Ottomans Sultan-Caliph in essence controlled the church by controlling the first among equals&#8211;the Patriarch of Constantinople. I fail to see how the modern secular government of Turkey has any relevance?</p>
<p>So basically if I&#8217;m reading your post literally&#8211;you claim 1) Islam has never forbidden the practice other religions 2) Islam has never forbidden the buildings of other religions&#8211;are both absolutely false. I&#8217;m willing to concede I may be missing your point as I don&#8217;t think I&#8217;ve ever seen either of these points under dispute&#8230;</p>
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		<title>By: first history</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-3/#comment-697696</link>
		<dc:creator>first history</dc:creator>
		<pubDate>Tue, 01 Dec 2009 04:52:45 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-697696</guid>
		<description>&lt;em&gt;It’s not bigoted for a culture to want to maintain a cultural identity...&lt;/em&gt;

Switzerland was notoriously anti-Semitic during World War II, even to the extent of cooperating with Nazi &lt;a href=&quot;http://www.claimscon.org/index.asp?url=swiss/history&quot; rel=&quot;nofollow&quot;&gt;policies&lt;/a&gt; such as the German stamping of their passports with a red &quot;J&quot; and turning back refugees even after being informed they would be sent to concentration camps.  The Swiss even sealed railroad tunnels to prevent (in part) trains bringing Jewish refugees into the country.  This was dramatically shown in the 1981 Swiss &lt;a href=&quot;http://www.imdb.com/title/tt0082095/&quot; rel=&quot;nofollow&quot;&gt;film&lt;/a&gt; &lt;em&gt;Das Boot ist voll &lt;/em&gt;(&lt;em&gt;The Boat is Full&lt;/em&gt;). One of the reasons for these policies were right-wing demands to maintain &quot;cultural identity.&quot;

It wasn&#039;t until the 1990&#039;s that the Swiss government acknowledged their cooperation with the Nazis and subsequent retention of Jewish &lt;a href=&quot;http://www.swissbankclaims.com/&quot; rel=&quot;nofollow&quot;&gt;assets&lt;/a&gt; over the course of the post war period.  

In fact, the major Swiss Jewish organizations opposed the referendum.  This vote is just a continuation of historic Swiss xenophobia.  The hills weren&#039;t always alive with the sound of music.</description>
		<content:encoded><![CDATA[<p><em>It’s not bigoted for a culture to want to maintain a cultural identity&#8230;</em></p>
<p>Switzerland was notoriously anti-Semitic during World War II, even to the extent of cooperating with Nazi <a href="http://www.claimscon.org/index.asp?url=swiss/history" rel="nofollow">policies</a> such as the German stamping of their passports with a red &#8220;J&#8221; and turning back refugees even after being informed they would be sent to concentration camps.  The Swiss even sealed railroad tunnels to prevent (in part) trains bringing Jewish refugees into the country.  This was dramatically shown in the 1981 Swiss <a href="http://www.imdb.com/title/tt0082095/" rel="nofollow">film</a> <em>Das Boot ist voll </em>(<em>The Boat is Full</em>). One of the reasons for these policies were right-wing demands to maintain &#8220;cultural identity.&#8221;</p>
<p>It wasn&#8217;t until the 1990&#8242;s that the Swiss government acknowledged their cooperation with the Nazis and subsequent retention of Jewish <a href="http://www.swissbankclaims.com/" rel="nofollow">assets</a> over the course of the post war period.  </p>
<p>In fact, the major Swiss Jewish organizations opposed the referendum.  This vote is just a continuation of historic Swiss xenophobia.  The hills weren&#8217;t always alive with the sound of music.</p>
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		<title>By: Ricardo</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-3/#comment-697647</link>
		<dc:creator>Ricardo</dc:creator>
		<pubDate>Tue, 01 Dec 2009 03:35:48 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-697647</guid>
		<description>Kuzbad, the claim was that Islam has never forbidden the practice or buildings of other religions, not that historical Islam followed 20th century notions of religious freedom.  Many municipalities in non-Muslim countries limit the size of churches and regulate their use of bells to comply with noise ordinances as well.

If you think requiring the Greek Orthodox Patriarch of Constantinople to be a Turkish citizen is an infringement on religious freedom, you should see how they regulate the practice of Islam there.  As I recall, the state has veto power over any Imam or other Islamic leader who they feel is too extremist or threatens national unity and can also regulate the content of sermons.</description>
		<content:encoded><![CDATA[<p>Kuzbad, the claim was that Islam has never forbidden the practice or buildings of other religions, not that historical Islam followed 20th century notions of religious freedom.  Many municipalities in non-Muslim countries limit the size of churches and regulate their use of bells to comply with noise ordinances as well.</p>
<p>If you think requiring the Greek Orthodox Patriarch of Constantinople to be a Turkish citizen is an infringement on religious freedom, you should see how they regulate the practice of Islam there.  As I recall, the state has veto power over any Imam or other Islamic leader who they feel is too extremist or threatens national unity and can also regulate the content of sermons.</p>
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		<title>By: Cornellian</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-3/#comment-697644</link>
		<dc:creator>Cornellian</dc:creator>
		<pubDate>Tue, 01 Dec 2009 03:32:03 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-697644</guid>
		<description>&lt;em&gt;This is just one of many examples of the Swiss elite’s feckless and amoral dealing with the Islamonazis of Tehran. &lt;/em&gt;

That&#039;s the great thing about being a voter these days - you&#039;re never responsible for how you voted because you can blame any outcome on those pesky elites.</description>
		<content:encoded><![CDATA[<p><em>This is just one of many examples of the Swiss elite’s feckless and amoral dealing with the Islamonazis of Tehran. </em></p>
<p>That&#8217;s the great thing about being a voter these days &#8211; you&#8217;re never responsible for how you voted because you can blame any outcome on those pesky elites.</p>
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		<title>By: Kuzbad</title>
		<link>http://volokh.com/2009/11/30/swiss-vote-to-ban-minarets/comment-page-3/#comment-697637</link>
		<dc:creator>Kuzbad</dc:creator>
		<pubDate>Tue, 01 Dec 2009 03:21:41 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=22422#comment-697637</guid>
		<description>&lt;blockquote&gt;Islam has never forbidden other religions’ practices or buildings.&lt;/blockquote&gt;

That is very much false. Since the earliest days of Islam, churches have been turned into mosques (examples: Hagia Sophia in Istanbul, Umayyad Mosque in Damascus) and many Islamicate governments have prevented the construction of new churches or even the maintenance of existing churches. True, at times churches have been allowed to be built with stipulations (limited in size, no bells, etc) but I would say rarely (if ever?) in any area government that considered itself Muslim/Islamic have Christians or Jews or other minorities been able to build religious structures entirely as they would OR practice their religion entirely as they would. Heck, the Ottoman Empire picked the Greek Orthodox Patriarch of Constantinople, and still requires the Patriarch to be a Turkish citizen.

Beyond the Ahl al-Kitab / People of the Book (aka Christians, Jews, and Saebeans), there are no protections. Thus the Western African Jihads and the jihad against the &quot;Kafirs&quot; of &quot;Kafiristan&quot; in Afghanistan (&quot;The land of Unbelievers&quot; -- after their forced conversion in the late 19th century, now known as Nuristan -- the land of light) were perfectly permissible.

Somewhat ironic when it comes down to it--Islam formally protects the right of Christians and Jews (the Ahl al-Kitab -- and sometimes though extension to Hindus, etc) to maintain their religions, but in practice there are many limitations. Like not being allowed to build minarets, er, bell towers.</description>
		<content:encoded><![CDATA[<blockquote><p>Islam has never forbidden other religions’ practices or buildings.</p></blockquote>
<p>That is very much false. Since the earliest days of Islam, churches have been turned into mosques (examples: Hagia Sophia in Istanbul, Umayyad Mosque in Damascus) and many Islamicate governments have prevented the construction of new churches or even the maintenance of existing churches. True, at times churches have been allowed to be built with stipulations (limited in size, no bells, etc) but I would say rarely (if ever?) in any area government that considered itself Muslim/Islamic have Christians or Jews or other minorities been able to build religious structures entirely as they would OR practice their religion entirely as they would. Heck, the Ottoman Empire picked the Greek Orthodox Patriarch of Constantinople, and still requires the Patriarch to be a Turkish citizen.</p>
<p>Beyond the Ahl al-Kitab / People of the Book (aka Christians, Jews, and Saebeans), there are no protections. Thus the Western African Jihads and the jihad against the &#8220;Kafirs&#8221; of &#8220;Kafiristan&#8221; in Afghanistan (&#8220;The land of Unbelievers&#8221; &#8212; after their forced conversion in the late 19th century, now known as Nuristan &#8212; the land of light) were perfectly permissible.</p>
<p>Somewhat ironic when it comes down to it&#8211;Islam formally protects the right of Christians and Jews (the Ahl al-Kitab &#8212; and sometimes though extension to Hindus, etc) to maintain their religions, but in practice there are many limitations. Like not being allowed to build minarets, er, bell towers.</p>
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