by Eric Ture Muhammad
Staff Writer

(FinalCall.com)�In a war climate that encourages racial profiling and challenges the constitutional freedoms of expression and religion, the Massachusetts Supreme Court found the Honorable Minister Louis Farrakhan and the Nation of Islam not guilty in a six-year discrimination battle launched by a Black woman who desired admission into one of the Minister�s Men Only meetings. The state Supreme Court wrestled the case from the state Court of Appeals and concluded that the meeting was religious in context and protected by the U.S. Constitution.

On March 10, 1994, as part of his nationwide "For Men Only Tour," Min. Farrakhan appeared at Boston�s Strand Theatre and addressed 2,500 men, asking them to put God back at the head of their lives, put down drugs, alcohol and crime and take more responsibility for their women and children.

That meeting spawned the largest concentration of Black men, per-capita, coming from one city to attend the historic October 16, 1995 Million Man March in the nation�s capital.

It was at this meeting that a Black woman, Marceline Donaldson, and her husband, Robert Bennett, both from Cambridge, Mass., attempted to enter the meeting. According to the court complaint, once in line for entry, Ms. Donaldson "was ushered aside by a security official that told her that no women were allowed into the theatre." The complaint stated that the plaintiffs were upset by the incident and decided to return home.

However, it did not end there. The couple next approached the Massachusetts Commission Against Discrimination (MCAD) and filed the initial complaint that had been through four courts since February 1995.

This case witnessed attorney disbarments and sabotage over a six-year period before its rescue from the Court of Appeals by state Supreme Court that delivered the gavel of victory on Feb. 13 of this year to the Muslims and the city of Boston.

"The Supreme Judicial Court for the state of Massachusetts thought that this case was so important that they took it away from the jurisdiction of the Massachusetts Court of Appeals," explained Minister Abdul Arif Muhammad, general counsel for the Nation of Islam. "They knew the significant constitutional issues involved."

Attorney Muhammad joined lead attorneys Denzil D. McKenzie and Wilbur P. Edwards Jr. of the Boston-based firm McKenzie and Edwards, P.C. in Min. Farrakhan�s defense.

Atty. Edwards, in another victory days after the landmark decision, was sworn-in as a newly-appointed judge in the state of Massachusetts.

"In my mind, this decision parallels the Muhammad Ali decision of 1971; a case that set the precedent that Islam under the Honorable Elijah Muhammad was, in fact, a recognized religion in this country," attorney Muhammad noted.

Mr. Ali refused induction into the Viet Nam war as a conscientious objector based on his religious beliefs. He was jailed, summarily stripped of his world boxing titles, and vilified by high-profiled Blacks, U.S. government officials and mainstream media. In 1971, the Supreme Court overturned the conviction of Mr. Ali, defeating the U.S. government�s argument that the Nation of Islam is a mere political group and not a religious entity.

"It (decision) affirmed the legitimacy of Islam in the United States as practiced by the followers of the Hon. Elijah Muhammad. As followers of Minister Farrakhan today, the court has re-affirmed that our First Amendment right to freedom of expression and freedom of association cannot be interfered with and the meeting was within the nature and character of our religion. In 2002, the court determined we had the right to be who we are," Min. Arif said.

"The expression of religious viewpoints specific to men of the faith would have been impaired by the inclusion of women in the meeting, The admittance of male members of the public to an otherwise non-public mosque meeting does not bring the event within the scope of the Massachusetts public accommodation law," read the decision, in part, adding, "Holding otherwise would impermissibly burden the defendants� freedom of association under the First Amendment." The decision was written by Judge J. Ireland, the only Black male on the Supreme Judicial Court for the state of Massachusetts.

The judge granted what is known as a "direct verdict," where after a party rests their case, the other calls for an immediate decision. It was after the prosecution rested its case that attorney McKenzie asked for a direct verdict. The Court granted it and concluded that (1) the plaintiffs failed to admit sufficient evidence for a reasonable jury, and (2) the fact that "the public accommodation laws to require Farrakhan to address women that evening would have impaired the rights of the mosque and the Nation of Islam to free expressive association in violation of the First Amendment," the decision read.

"I have heard of cases where directed verdicts were rumored to have been granted, but this is the first that I have experienced in all of my years in practice," lead attorney McKenzie told The Final Call. "The Court�s decision was personally refreshing to me, because it proved it possible to have your day in court in spite of 9-11 (terrorist attack on America)," he said.

Attorneys McKenzie and Edwards took the case in the 11th hour, when suddenly the prior attorney motioned the Court of Appeals to be removed from the case. The judge there denied the defense�s motion for a continuance to familiarize themselves with the case, and declared them ready for trial.

"At the end of the day, however, the Court agreed with us and now the victory belongs to the people," attorney McKinzie said.

"The Court found that our meeting was an extension of our regular Monday night men�s meeting," commented Minister Don Muhammad of Boston�s Muhammad Mosque No. 11. "It opened in prayer, asking men to return to their faith in God. Min. Farrakhan used God all through his lecture and begged the men to return to the morality we should have to safeguard our community." In effect, Min. Don noted, it was a meeting applauded by many women throughout Boston and received overwhelming approval.

"Many women came to the Strand that evening and literally held a rally outside the theater in support of Minister Farrakhan. He asked us to protect our women, to love them, look out for them. He talked about protecting our mothers, our girls, our wives and nieces. The meeting was about many of these issues and in no way a reflection against any woman whatsoever, and never discriminated against any ethnic group," he said. Moreover, Min. Don told The Final Call that three months later, the Minister convened a "Women Only" meeting, and 3,500 women came to hear his message.

Min. Don, a friend and helper to Min. Farrakhan for over 40 years, recalled the pain etched on the Nation of Islam leader�s face when at one point in the meeting, slides of Black men who had been killed by Black men were shown.

"We showed 29 slides of Black men who had been killed by other Black men. I remember it as though it had been five minutes ago. On the 17th slide, Minister Farrakhan began to cry, and said to me, �Don, I can�t take it anymore.� That particular slide was of a baby who burned to death in an oven, by a crack-addicted mother who may have thought that she was preparing dinner. It sent shockwaves through that audience. We did not believe it was appropriate for women to see those kinds of things. We thought that we needed to have a brother-to-brother, man-to-man talk.

"Whites came because they heard about it and wanted to see and hear what Minister Farrakhan had to say about getting rid of the crime and violence in the community. Minister Farrakhan�s efforts proved successful. Crime has gone down in this town and the people who are mostly responsible for it are those people who follow him, work with him, and coordinate other groups," he said.

A score of religious leaders and groups rallied in support of the Nation of Islam in this case. Min. Don told of the support from Catholic priests and a Jewish rabbi who additionally offered to testify in court on the Nation of Islam�s behalf.

"This was a Nation of Islam victory but it was even more than that, it was a victory for the people of Boston, who came together along with the Muslims to bring Minister Farrakhan to the city to talk to men," Chief of Staff Leonard F. Muhammad told The Final Call. "They saw and still see the value in a men-only approach to dealing with the problems of drugs, crime and violence in our communities. Many of the problems in our communities are gender specific and many of our problems relate to the difficulties in dealing with Black men.

"So on behalf of the Nation of Islam, we thank all of the supporters of this fight for their help and perseverance and believing in us. Now that we have been challenged and found victorious in court, they all share in the victory," he added.