Kagan and ‘Don’t Ask, Don’t Tell’… Anything about Shariah Law
Kagan knows a lot about “Don’t Ask, Don’t Tell” when it comes to ROTC on the Harvard Campus, but wears official blinders when it comes to Islamic treatment of homosexuals. Not only does the Harvard program feature homophobic and “homicidal” clerics, but even the Harvard Muslim Student Chaplain, Taha Abdul-Basser, who has lectured regularly at the Islamic Finance Project, declared apostasy from Islam a capital (not the finance kind) offense.
By Alan Foster at American Thinker
Elena Kagan, current Solicitor General of The United States and former Dean of the Harvard Law School, exemplifies selective outrage. She knows a lot about “Don’t Ask, Don’t Tell” when it comes to ROTC on the Harvard Campus, but wears official blinders when it comes to Islamic treatment of homosexuals.
When Professor Kagan ascended to the position of Dean of the Law School, Harvard was in a quandary over military recruitment. Long opposed to the military’s policy towards openly gay men and women but ever solicitous of the greenbacks offered by the federal government, the school tried to hedge its bets on the Solomon Amendment, passed in 1994, which required the Secretary of Defense to deny federal grants to institutions of higher learning that prohibited or prevented ROTC or military recruitment on campus. And who better to circumvent the law’s intent than the serried ranks of lawyers in Cambridge, Massachusetts? They argued that Washington money should still flow because even though the college placement office was barred to recruiters, ROTC courses could be offered by the Harvard Law School Veterans’ Association.
Training on campus was still verboten for Harvard ROTC candidates, and they were forced to travel down the road to MIT to fulfill their training obligations. Too clever by half? Some congressmen thought so, and they responded by fortifying the act in 2001 by passing an amendment that denied all funding — not just to law schools, but to the entire institution that prohibited or prevented recruiting. Although Dean Kagan did not sign a petition along with many of Harvard’s Law School faculty opposing the Solomon Amendment, she did join two amicus briefs in that regard, one submitted to the Supreme Court.
In 2006, The Supreme Court upheld the law, and only two schools refused to comply, thus forfeiting federal largesse. Now, these facts are widely known to the legal community and to many in the country at large. What is not so well-known is Dean Kagan’s contemporaneous approval of and promotion of a little-known but richly endowed Harvard Law School program called The Islamic Legal Studies Program. What does all this have to do with Elena Kagan and her principled stand on “Don’t Ask, Don’t Tell?” It has a lot to do with honesty, integrity, and Harvard’s vaunted advocacy for human rights.
The Harvard Islamic Legal Studies Program was made part of Harvard Law School in 1991 with significant funding from distinctly undemocratic sources, mainly from the Gulf States. The program purports to be a research program “that seeks to advance knowledge and understanding of Islamic law.” The program works closely with the Harvard Islamic Finance Project, which became an official part of the Law School in 2003, the same year Professor Kagan was awarded the title of Dean.
But is it strictly a “research program”? A few times a year, the directors of the Finance Program take groups of promising Law School and Harvard Business School students to the Middle East on junkets to learn the intricate and arcane practices of Sharia Compliant Finance. Many of these promising students go on to work for such banks and investment firms as the Kuwait Finance House, HSBC Amanah Bank, and the Abu Dhabi Islamic Bank. The intertwined programs, it would seem, go far beyond mere “research” projects. Shariah Finance, it should be noted, is the Islamic approach to investing, mortgage lending, and a host of other money-related practices. Along with its prohibitions on interest accrual and trading in commodities such as pork, alcohol, and gambling is an overarching negative view of homosexuality. Negative, that is, to the point of advocating violence against gays.
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