Bahia Amawi .. Muslim defeated "Texas" and Israel

Mohammed al-Menshawi, Washington

Bahia Amawi, and became known months of fire in America and the Islamic world after being dismissed by a US court in Texas after being expelled from work because of its refusal to pledge not to boycott Israel.

Federal judge Robert Pittman's decision last week in the Western District of Texas, which pointed to the unconstitutionality of the state's mandate, was described as an important point in a heated conflict in the United States over the past two years about the nature of the relationship with Israel, And even boycotting them economically and academically.

Al-Jazeera Net spoke with Bahia, who said she did not hesitate to reject the legislation of Texas, which calls for the boycott of Israel, even if it costs her the loss of her work for more than a year in order to achieve justice and highlight the need for the person to adhere to all his political rights, Take political positions without retaliation from the state or the employer.

Last year, when she was fired from her job and did not renew her contract because of her refusal to agree to a phrase that was added to her contract of employment, the implications of Bahia, an expert in speech, specializing in speech and speech therapy since 2009, began in the schools of Austin, Texas.

The phrase provides for a pledge not to boycott Israel or to participate in any act that would harm the Israeli economy. Texas adopted a law in 2017 prohibiting the boycott of Israel.

Texas Gov. Greg Abbott, in a statement after signing the law in May of the same year, stressed that "hostility to Israel means hostility to Texas" and that he would not tolerate any position against the important ally.

"No government entity is allowed to contract with a company or a party unless it is ascertained that they do not boycott Israel during the contract," the decree said.

Similar laws
Similar laws were passed in 27 of the 50 states of the United States, and the county of Flaglerville, where the school was based, signed a contract that included "not boycotting Israel" or losing its job, which was the beginning of the school year in August The past, as I mentioned to Al Jazeera Net.

Bahia said in her interview with Al Jazeera Net that she received "a lot of support and support from many American NGOs and organizations inside and outside Texas who believe in the constitutional rights of citizens."

On her relationship with the Council on American-Islamic Relations (CAIR), which she represented as a legal body in the lawsuit against Texas, Bahia stated that she accidentally shared with her husband weeks before the start of the crisis in a fundraising event and a definition of CARE, and learned about their great efforts to serve the Muslim community, So she did not hesitate to work with them to face what she was exposed to. CARE is one of the largest associations defending the rights of the Muslim community in the United States.

Bahia filed a lawsuit at the federal court in Texas against the school and the Texas attorney general, accusing her of violating the right to freedom of expression guaranteed by the US Constitution.

Bahia said that "she did not sign the contract because she and her family do not buy goods produced by Israeli companies in support of the boycott against Israel because of its occupation of Palestinian land and violations of the rights of the Palestinian people."

The importance of governance
Judge Robert Pittman's decision was based on the First Amendment to the US Constitution, which states that "Congress shall not pass any law on the establishment or prohibition of the exercise of religion, restrict freedom of speech or the press, the right of people to meet peacefully, Fair of injustice ".

The judge dismissed his ruling in a 56-page memorandum, read by al-Jazeera Net, in which he noted that states can not pass legislation and adopt laws that would ban the boycott of Israel as a condition for obtaining government jobs.

In his ruling, Judge Pittman asserted that state law "is contrary to the first amendment to the US Constitution, as it threatens to adopt a particular idea or opinion through the use of force, not through persuasion."

This ruling is not the first of its kind, and before it was issued two verdicts were issued by federal judges preventing states from deterring or boycotting anti-Israel activities.

Federal judges in several states - Arizona, Kansas and Arkansas - issued similar rulings opposing the imposition of sanctions on Israel's boycott based on the first constitutional amendment.

"The judge's rejection of the Texas decision was strong and the state violated several constitutional principles. The contract discriminates against contractors with a government agency, its language is unclear, it has many vague connotations, and the contracting party must sign a contract," said Caroline Homer, Bahia's attorney for Al Jazeera Net. As it stands, violates labor laws, and clearly violates rights to the First Amendment to the US Constitution regarding freedom of opinion. "

Echo Case
Following the verdict, CARE Executive Director Nihad Awad pledged "to continue confronting the 26 other states that have passed laws hostile to the boycott of Israel, and we are sure that we are on the right side of the constitution and history."

"The decision is only for the state of Texas because of the independence of the judicial system of each state, so the fight against similar laws in other states continues unabated," said Caroline.

The judgment will not only affect Ms. Bahia's return to her work, but will extend to other similar cases in Texas; others have been suspended from work at the University of Houston for the same reasons.

ACLU welcomed the decision of the federal judge in Texas, calling on "members of Congress and local lawmakers to understand the judge's decision, and that the right to boycott Israel is okay, and any attempt to stop it puts you on the wrong side of the US Constitution."