Sharia Lawsuit against AIG withstands Government Dismissal Attempt
Good news from the folks at SANE, who report that the Establishment Clause Lawsuit of Mr. Kevin Murray survived a dismissal challenge by US government lawyers recently. The lawsuit filed on Mr. Murray’s behalf by David Yerushalmi and the Thomas More Law Center argues that AIG’s Sharia Compliant financing is a violation of the 1st amendment’s establishment clause, because AIG is now a government-owned entity:
The government filed its motion to dismiss making two arguments. One, Mr. Murray, as a former combat Marine, practicing Catholic, and tax payer, did not have standing to even bring this lawsuit. Two, even if he did have standing, the government acted in buying AIG without any intent to promote or become involved in religious questions.
The Court spent much of its opinion reciting the law on the narrow exception to the no-tax-payer-standing rule. That exception is triggered in a claim of a violation of the Establishment Clause and when there is a specific legislative grant for spending that implicates the First Amendment. The Court carefully reviewed all of the relevant case law and found the argument made by Messrs. Yerushalmi and Muise in their brief persuasive.
For more you can also check out David Yerushalmi’s online presentation on the legal exposure companies doing Sharia Compliant Business have.