Islamophobia, racial discrimination law, and the question of self-identification

Abstract

ABSTRACT The racialization of religion, particularly in the context of Islamophobia, challenges understandings of race in discrimination law. Legal authorities from common law jurisdictions, such as Australia and the UK, suggest that for the purpose of discrimination law Muslims are not considered a race. The problem is not only a lingering belief that discrimination against Muslims is only religious and not racial in nature. The legal response to Islamophobia also hints a broader problem with law’s understanding of race. Despite legislative references to race, the term itself remains ill-defined in law, and case law suggests that courts draw on a narrow notion of race that, in effect, requires Muslims to self-identify with their racialization to access racial discrimination protections. This article argues that this self-identification requirement misconceives how groups are constituted as racial groups and that it neglects the role of racial attitudes and beliefs for discriminatory conduct.