On September 11, 2001, did American Muslims become America's newest race? This essay offers preliminary observations regarding that question.

Using the word “race” in America is like waving a red flag before a bull. You are likely to get a spirited response. In the context of a national calamity like the September 11, 2001 tragedy, discussing race becomes an even more delicate venture. Accordingly, to reduce prospects of confusion later, this essay begins by briefly addressing some initial concerns about even using the term “race.” The essay acknowledges that race is a complex, multilayered phenomenon. In these circumstances, do not expect these comments to provide definitive insights into the nature of “race.” Rather, because racial worldviews are so pervasive, the essay limits itself to merely attempting to give a sense of how the term “race” is used here.

After briefly dealing with some concerns about race, the essay outlines evidence that, based on what at best can be called racial stereotypes, American Muslims have been singled out for particularly egregious treatment following the September 11 tragedy. For illustrative purposes, the essay draws comparisons between the response of public officials to the September 11 and Oklahoma City bombing catastrophes. The essay then puts these matters in a slightly broader historical perspective by considering several cases which the United States Supreme Court decided in the 1930s and 1940s before and after another calamitous day in American history: December 7, 1941, when the Japanese Empire attacked Pearl Harbor. To round out the historical outline, two contrasting cases involving the jurisdiction of military commissions to try American civilians are briefly evaluated.

The “remarkable phenomenon” called Scientology, and Scientologists in their capacity as such, have long complained of persecution by the German state. Their case has been put to various governmental bodies in the United States and has even resulted in attempts to have the United States Congress

The matter has also been brought to the attention of the State Department. Exaggerations, such as comparisons between the current situation of Scientologists and that of the Jews in Nazi Germany, even if restricted to the situation of the Jews before the commencement of the Holocaust, do nothing to persuade one of the seriousness with which Scientology's accusations are made. Nevertheless, some lesser form of persecution or perhaps rather discrimination might lie at the bottom of these complaints.

There is, however, a functioning legal system in Germany enforcing a Bill of Rights in the German constitution, the Basic Law (Grundgesetz). That legal system might be expected to be alert to such forms of discrimination, unless of course it too is part of some grand conspiracy against Scientology. The purpose of this article is to investigate whether the legal system in Germany is treating Scientology and Scientologists fairly by considering the reported cases on these topics in Germany.