Why we must support the Preserving a Sharia-Free America Act

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As a lifelong advocate of the First Amendment, having spent years fighting to protect free speech, religious liberty, and the foundational rights that define our republic, I can unequivocally say the Preserving a Sharia-Free America Act is not a threat to those freedoms. It’s far from it. This legislation would be a vital safeguard for human rights and the supremacy of our laws. Introduced in October 2025, the bill would amend the Immigration and Nationality Act to prohibit the entry of immigrants who adhere to Sharia law, ensuring that our nation remains a beacon of equality, justice, and individual dignity under one unified legal system.

Critics, including groups such as the Council on American-Islamic Relations, have decried the bill as unconstitutional and anti-Muslim. But let’s be clear: this is not about targeting a faith or stifling religious expression. It’s about rejecting a legal framework that is fundamentally incompatible with American values. Sharia law, as practiced in various forms, often imposes harsh penalties, discriminates against women, and enforces punishments such as stoning or amputation that violate basic human rights. No other religious group in the United States is permitted to establish extra-judicial processes that override our civil courts. Jewish communities may use rabbinical courts for voluntary arbitration in civil matters, but these are subordinate to U.S. law and cannot enforce criminal sanctions. Similarly, Catholic canon law governs internal church affairs but bows to the Constitution. Why should Sharia be afforded special status to operate parallel to, or worse, in conflict with, our judicial system?

The rule of law in America means just that: the supremacy of the laws of the republic, applied equally to all. Our Founders envisioned a nation where no foreign or religious code could supplant the Constitution. As John Adams wisely observed, “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” Sharia law, with its elements of coercion, inequality, and intolerance, is immoral by the standards of a free society. It subjugates women, punishing them for “crimes” such as adultery or immodesty, while granting men disproportionate rights in divorce, inheritance, and testimony. It criminalizes apostasy and blasphemy, stifling the very freedom of conscience that the First Amendment protects. In countries where Sharia dominates, such as Saudi Arabia or Iran, we see the human toll: executions for homosexuality, forced marriages, and the suppression of dissent. Allowing even voluntary Sharia tribunals risks normalizing these abuses, possibly leading to coerced participation under community pressure.

My battles for the First Amendment, such as defending election integrity, free expression in campaigns, and the rights of citizens to speak without fear, have taught me that true liberty requires vigilance against ideologies that erode it. This bill would not ban Islam or prevent Muslims from practicing their faith peacefully. It would simply bar those who seek to import a system that undermines our democratic principles. We have seen glimpses of this threat in Europe, where Sharia councils have proliferated, leading to parallel societies and conflicts with national laws. In the U.S., isolated attempts to apply Sharia in family disputes have already surfaced, prompting states such as Texas to pass anti-Sharia measures. Rep. Chip Roy’s (R-TX) federal approach builds on this, complementing the Sharia-Free America Caucus he co-launched with Rep. Keith Self (R-TX) in December 2025 to defend Western civilization.

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Opponents argue this fosters Islamophobia, but that’s a deflection. Human rights are universal, not negotiable based on cultural relativism. We don’t tolerate honor killings or female genital mutilation under the guise of religious freedom — why Sharia? This legislation aligns with our immigration policies that already screen for ideologies hostile to America, such as communism or totalitarianism.

In 2026, as we face growing global tensions, preserving our moral foundation is paramount. I urge Congress to pass the Preserving a Sharia-Free America Act. It’s not about exclusion; it’s about inclusion under one law that upholds dignity for all. Our Constitution demands no less.

Trey Trainor is a former chairman of the Federal Election Commission. He was nominated as a commissioner by President Donald Trump and was confirmed by the Senate in 2020. He is board-certified by the Texas Board of Legal Specialization in Legislative and Campaign Law and has practiced constitutional and election law for over two decades.

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