Asma Uddin (Columbus School of Law (Catholic University of America)) has posted Religion and Identity Capitalism (Wayne Law Review Vol 70.1:303) on SSRN. Here is the abstract:
This Article examines the phenomenon of identity capitalism in the context of American Muslims, using the recent controversy over LGBTQ curriculum in Montgomery County Public Schools (MCPS) as a case study. Drawing on and extending Nancy Leong's concept of identity capitalism, the Article argues that both liberal and conservative political actors capitalized on Muslim identity to serve their own ends in the MCPS debate, often at the expense of authentic Muslim religious expression. The Article develops Leong's framework in two key ways: by considering religious identity as a form of outgroup identity, and by analyzing identity capitalism within the context of partisan "mega-identities." Through close examination of the MCPS controversy, including public statements, media coverage, and legal proceedings, the Article reveals how Muslims were expected to perform their identity in ways acceptable to competing political ingroups, facing consequences when they failed to do so. This dynamic obscured the genuine religious liberty concerns at stake and impeded meaningful engagement with religious difference. The Article concludes by considering how a more nuanced understanding of religious identity and harm could inform debates over religious exemptions and foster a more inclusive pluralism.