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November 08, 2010

Federal Court Blocks Oklahoma Ban on Sharia Law

CAIR took the State of Oklahoma to court late last week after the voters passed a constitutional amendment that would ban state courts from using Sharia law. Today, a federal judge ordered the the state board of elections temporarily not to certify the result of the election.

Oklahoma voters approved the amendment in last week's elections by a 7-3 ratio. But the Council on American-Islamic Relations challenged the measure as a violation of the First Amendment to the U.S. Constitution, and U.S. District Judge Vicki Miles-LaGrange issued a temporary restraining order Monday morning that will keep state election officials from certifying that vote.

"What this amendment is going to do is officially disfavor and condemn the Muslim community as being a threat to Oklahoma," said Muneer Awad, executive director of CAIR's Oklahoma chapter and the lead plaintiff in the suit. In addition, he said, it would invalidate private documents, such as wills, that are written in compliance with Muslim law.

In fact the text of the amendment does no such thing. Here it is:

The Courts ... when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Oklahoma Constitution, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules promulgated pursuant thereto, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia Law, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international or Sharia Law. The provisions of this subsection shall apply to all cases before the respective courts including, but not limited to, cases of first impression.

Didn't see anything about invalidating wills in there. Did you?

Anyway, the amendment is on hold because of the court order until a hearing on Nov. 22, at which time the judge will decide whether or not to block it while the case is pending.

If this whole thing sounds familiar, see California, circa 2008 in regards to Prop 8.


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posted by Gabriel Malor at 06:27 PM

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