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Ismaili Muslims Not A "Race" Under Section 1981

By Howard M. Friedman

In Wilson v. Pepsi Bottling Group, (ND GA, March 30, 2009), a Georgia federal district court held that 42 USC Sec. 1981 was not violated when an association of convenience store owners limited its membership to Ismaili Muslims. Section 1981, enacted in the post-Civil War period, applies to racial discrimination in making or enforcing contracts. The court concluded that at the time of the enactment of Section 1981, Ismaili Muslims would not have been considered a separate race. Nor did plaintiffs prove that only Caucasian non-Ismalis were excluded. Convenience Store News reported on the decision yesterday.

Full post as published by Religion Clause on April 02, 2009 (boomark / email).