A federal judge has issued a temporary restraining order blocking a state constitutional amendment that prohibits state courts from considering international or Islamic law when deciding cases.The language of the new law was not specific to Muslims, so I think in the long run this has a good chance as being upheld in court. Simply requiring Oklahoma courts to abide by Oklahoma and Federal law...only...can't possibly be unconstitutional.
U.S. District Judge Vicki Miles-LaGrange ruled Monday morning in Oklahoma City following a brief hearing. It prevents the state election board from certifying the results of Tuesday’s general election in which the amendment was approved by 70 percent of the voters.
The order will remain in effect until a Nov. 22 hearing on a requested preliminary injunction.
It was issued in a lawsuit filed by the executive director of the Council on American-Islamic Relations in Oklahoma. Muneer Awad said during the hearing that the law stigmatizes his religion.
Monday, November 08, 2010
One Unelected Judge Overturns the Will of Oklahomans
We're used to this sort of thing in California:
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2 comments:
"The language of the new law was not specific to Muslims. Simply requiring Oklahoma courts to abide by Oklahoma and federal law... only... can't possibly be unconstitutional."
But that's not the only thing the amendment does. Or says. The text of the amendment is:
"This measure amends the State Constitution. It changes a section that deals with the courts of this state. It would amend Article 7, Section 1. It makes courts rely on federal and state law when deciding cases. It forbids courts from considering or using international law. It forbids courts from considering or using Sharia Law.
(Here the statute defines international law. Then:)
Sharia Law is Islamic law. It is based on two principal sources, the Koran and the teaching of Mohammed."
That sounds VERY Muslim-specific to me -- I think the way it's worded really does create a First Amendment issue, unfortunately. How 'bout you?
Because the language is not exclusive to Sharia law I don't think they'll have a First Amendment problem at all. The term "international law" will include any foreign law, not to mention religious laws.
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