In any case, it seems clear we must change, in a constitutional sense, how we view Islam. Islam is not merely a religion, the free exercise of which the Free Exercise Clause protects. It is also a religious government, the establishment of which the Establishment Clause prohibits. We see building blocks for incrementally establishing Islamic theocracy laid daily in the form of Shariah courts, Shariah financing, food regulation, government sanctioned prayer, etc. It is time to start thinking about the constitutional considerations of such actions. At the very least, legal and public policy strategies formulated to defend religious liberty must no longer presuppose a singular secular foe. 23 Since Islam claims law, Islam, and the state are one, we must, whether in academia, the legislatures or the courts, focus some of our attention here. We must not be afraid to ask if any one of the official incremental efforts implementing the Shariah is respecting an establishment of a theocracy -- and evaluate our litigation and policy strategies accordingly.