Home Forums Hunting & Shooting Hunter's Campfire Oklahoma can't enforce Sharia law ban

Knew this was probably going to happen, even though folks approved it by a landslide. Looks like there's nothing that can "legally" be done to protect ourselves from Sharia.....



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DENVER (Reuters) - A federal appeals court upheld an injunction against a voter-approved ban on Islamic law in Oklahoma on Tuesday, saying it likely violated the U.S. Constitution by discriminating against religion.

A three-member panel of the Denver-based U.S. Tenth Circuit Court of Appeals ruled unanimously that the rights of plaintiff Muneer Awad, a Muslim man living in Oklahoma City, likely would be violated if the ban on Sharia law takes effect.

The decision upholds the ruling of a lower federal court.

"While the public has an interest in the will of the voters being carried out ... the public has a more profound and long-term interest in upholding an individual's constitutional rights," the appeals court said in a 37-page written decision.

The Washington, D.C.-based Council on American-Islamic Relations welcomed the ruling, calling it "a victory for the Constitution and for the right of all Americans to freely practice their faith."

Oklahoma's "Save Our State Amendment," which was approved by 70 percent of state voters in 2010, bars Oklahoma state courts from considering or using Sharia law.

The lawsuit challenging the measure was brought by the American Civil Liberties Union on behalf of Awad, who is director of the Oklahoma chapter of CAIR.

A federal judge in Oklahoma City issued a court order in November 2010 barring the measure from taking effect while the case is under review, finding a substantial likelihood that Awad would prevail on the merits.

The Council said the Oklahoma amendment is among 20 similar proposed laws introduced in state legislatures nationwide.

Defenders of the amendment say they want to prevent foreign laws in general, and Islamic Sharia law in particular, from overriding state or U.S. laws.

But foes of the Oklahoma measure, also called State Question 755, have argued that it stigmatizes Islam and its adherents and violates the U.S. Constitution's First Amendment prohibition against the government favoring one religion over another.

State Senator Anthony Sykes, one of the measure's sponsors, called the decision an attempt "to silence the voice of 70 percent of Oklahoma voters. At some point we have to decide whether this is a country of, by and for the judges, or of, by and for the people."

Opponents also say it could nullify wills or legal contracts between Muslims because they incorporate by reference specific elements of Islamic prophetic traditions.

Saw that..this isn't going to end well.

As Thomas Jefferson said
�When injustice becomes law, resistance becomes duty.�

Looks like there's nothing that can "legally" be done to protect ourselves from Sharia.....
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Sure there is. Correctly write the law and not fill it with egregious first year law student errors.

How is this different than federal law against polygamy within the Morman faith?

I guess the law bans polygamy,..not "Morman polygamy"

I'm sure they'll work on it a second time and hopefully get the language correct.

However correct it seems to be, there will be some piss-ant somewhere that will object and tie it up in court again. I guess that's a given these days with any law that gets passed.

It would be WISE to put your folks doing the next draft in touch with Tom Horne (Az. State AG) and John Hupenthal (Az Supt Education), have them read their work.

Their legislative conquest of "Raza Studies" in Arizona schools is no doubt PACKED with the RIGHT "Legal Language", and runs on a parallel track.

GTC

So if a State legislature actually enacted a component of Sharia law it would not be a violation of the U.S. Constitution's First Amendment prohibition against the government favoring one religion over another?

I don't get it.

Sharia law, also known as Islamic law, is the moral code and religious law of Islam.

Can't single it out.

That's kinda what I thought the solution to this "problem" was gonna have to be.

There are many remnants Judeo-Christian law in the Common Law, but obviously none which prescribes religious behavior. Some of the secular Hebrew tenets are the same as those in Islam.

BUT, should NOT be incorporated into civil code!
Mark