Massachusetts, birthplace of the American Revolution, is considering a new experiment in identity politics. Companion bills in the Massachusetts House and Senate — H.3351 and S.2134 — would establish a permanent commission dedicated to the interests of Muslims in the state. Among its duties would be to “identify and recommend qualified American Muslims for appointive positions at all levels of government, including boards and commissions.” Muslims make up a small percentage of the state’s population of roughly 7 million.
The legislation suits Massachusetts’ identity-politics obsession. It slides effortlessly alongside previous steps to protect the rights of Jews, gays, Asians, and blacks. Except now, lawmakers are proposing to put the state’s imprimatur on one of the world’s most rapacious and cruel belief systems.
The history of Muslim-majority societies offers ample material for examining the relationship among Islam, religious freedom, political authority, and the treatment of minorities.
The proposal should alarm Americans even more than the election of Zohran Mamdani or the proposed development of the Meadow, a mosque-centered, all-Muslim enclave in allegedly red Texas.
Block and tackle
On August 11, former Auburn football coach Tommy Tuberville, a sitting U.S. senator and Republican candidate for governor of Alabama, clapped back at the Massachusetts proposal. He posted on X that no such legislation would ever emerge on his watch in the Yellowhammer State.
Coach Tuberville should do more than post platitudes. If elected, he should seek legislation making Alabama the first state in the nation to formally declare Islamic teaching inimical to the history and tradition of Alabamans and force a constitutional debate over how far a state may go in protecting its religious heritage. And he should be willing to block and tackle for this policy all the way to the Supreme Court.
The Declaration of Independence does not define religious belief alongside its four mentions of a Creator. The Constitution likewise offers no comprehensive definition of religion. American courts have generally avoided establishing a single definition that would determine which faiths count as religions and which do not.
The “history and tradition” approach used by the Supreme Court in other constitutional contexts — most famously in Justice Antonin Scalia’s majority opinion on gun rights in Heller (2008) — offers Tuberville a provocative model for the argument we propose. Heller did not concern religious liberty, and its test does not govern the First Amendment’s religion clauses. But history and tradition are hardly irrelevant to constitutional interpretation.
The Alabama way
And the history and tradition of America is deeply Christian. More directly, much of it is Protestant Christian. That is especially true in Alabama, which became a state in 1819 after settlement largely by migrants from other Southern states who brought with them overwhelmingly Protestant religious traditions. Earlier Spanish and French settlement left a Catholic inheritance, particularly around Mobile.
Recent Alabama history gives Tuberville two bright lights to follow. The first is former Alabama Supreme Court Chief Justice Roy Moore. Moore was removed from office in 2003 after refusing a federal court order to remove a Ten Commandments monument from the state judicial building. He was suspended from judicial office again in 2016 over an order concerning same-sex marriage after the Supreme Court’s Obergefell decision. The latter position, by the way, was broadly consistent with the view Barack Obama publicly professed before 2012. As the nation’s biblical foundation crumbles, courts are reconsidering some disputes over Ten Commandments displays, while polling suggests support for some gay-rights positions has plateaued or declined from its peak. Whatever one thinks of Moore himself, arguments once treated as beyond the pale have not disappeared.
The second beacon is Hoover, Alabama, where the Planning and Zoning Commission last December unanimously recommended denial of a rezoning request that would have allowed the Islamic Academy of Alabama and a Muslim prayer center to relocate to Meadowbrook Corporate Park. City planning staff cited concerns including compatibility with the comprehensive plan, traffic, and occupancy projections. The academy subsequently withdrew its application before the Hoover City Council could make the final decision.
The issue should resonate with Tuberville because his erstwhile hometown, Auburn, will soon face its own debate. Tuberville should make clear what role, if any, he believes the state should play when Alabama localities confront such controversies.
Coach Tuberville’s playbook
In Montgomery, Tuberville could begin by forcing a debate over a history lesson the late Charlie Kirk gave in 2024: America’s founding political culture was overwhelmingly Christian and, more particularly, Protestant. Religious tests existed in a number of states during the founding era. Charles Carroll of Maryland was the only Catholic signer of the Declaration of Independence; Daniel Carroll of Maryland and Thomas Fitzsimons of Pennsylvania were the only Catholic signers of the Constitution.
Second, Tuberville and his legal team should explicitly ask a question existing constitutional law does not answer in the way we would like: How much authority does a state retain to defend its particular religious and cultural inheritance against an ideology it regards as hostile to that inheritance?
Current First Amendment doctrine places formidable limits on what Alabama could do. That is precisely why such legislation would constitute a constitutional challenge rather than an ordinary exercise of existing state authority. The bill could state Alabama’s historical relationship with Christianity and argue that the people of Alabama possess a legitimate interest in preserving that inheritance. Doing so would provoke a major confrontation over the First, 10th, and 14th Amendments and the Supremacy Clause — and force Americans to debate whether existing constitutional doctrine adequately equips states facing potentially existential cultural change.
Third, Alabama could explore the constitutional limits of legislation preventing state courts from substituting foreign or religious law for state and federal law. Any such statute would have to be carefully written: Religious principles can arise in contracts, wills, arbitration, and other private arrangements protected by existing law. The objective should be to establish unequivocally that Alabama courts are governed by Alabama and federal law, not to pretend that current First Amendment doctrine permits the state simply to outlaw references to Sharia.
Finally, Alabama should require serious academic instruction in the Bible’s influence on Western civilization and American history in its public schools, consistent with constitutional limits on devotional instruction. The state cannot do better than to examine the curriculum developed by Hillsdale College.
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Verse of the sword
The larger argument concerns Islam itself. Islamic scripture and jurisprudence contain teachings concerning nonbelievers, warfare, conversion, tribute, and political authority that deserve far more scrutiny than contemporary American discourse generally gives them.
Quran 9:5 and 9:29 are among the passages at the center of centuries of argument over jihad and the treatment of non-Muslims. Islamic scholars themselves have long debated naskh, or abrogation — the doctrine that some Quranic revelations supersede others — including the relationship between earlier passages associated with Muhammad’s period in Mecca and later revelations from Medina.
Muslims disagree sharply about what those passages require today. That disagreement should be acknowledged rather than used as an excuse not to examine the texts at all.
What Alabama cannot plausibly do under existing First Amendment law is simply declare Islam “fighting words” and suppress it on that basis. The Supreme Court’s fighting-words doctrine is far narrower than that. But Tuberville could force the more difficult political and constitutional question underneath the phrase: What happens when Americans believe a religious ideology contains not merely private theological claims but a political program fundamentally at odds with the constitutional order?
That is the debate Alabama should provoke.
From X to executive
The history of Muslim-majority societies offers ample material for examining the relationship among Islam, religious freedom, political authority, and the treatment of minorities. Tuberville need not pretend that current constitutional doctrine already gives him the answer. His opportunity would be to ask the question aggressively enough that courts, lawmakers, and voters have to confront it.
Tuberville’s response to Massachusetts was what you do on X. But it was a quip for no gain compared with what a laser-focused, fearless, conservative Christian governor could attempt in office. In Matthew 21:42, Jesus quotes Psalm 118:22 and affirms that He is the cornerstone of the faith.
Make Alabama the cornerstone of America’s anti-caliphate wall.
How Governor Tuberville acts, if voters give him the job, will reveal whether the SEC’s famed Riverboat Gambler has the team and the guts to play smash-mouth legal football.
Tommy tuberville, Islam, Caliphate, Alabama, Christianity, Jihad, Identity politics, Law, Faith, Massachusetts
