Court Upholds Ruling Blocking Oklahoma Sharia and International Law Ban

January 10, 2012 12:34 pm

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Discriminatory and Unnecessary Law Maligned American Muslims and Presented Legal Bind For Courts

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DENVER, CO 鈥 A federal appeals court today unanimously upheld a ruling that blocked implementation of a discriminatory and unnecessary Oklahoma state constitutional amendment that would have prohibited state courts from considering what is broadly described as Islamic 鈥淪haria law鈥 and 鈥渋nternational law.鈥

The court concluded that by singling out Islam for unfavorable treatment in state courts, the law likely violates the Establishment Clause of the First Amendment. The court rejected the state鈥檚 argument that the constitutional amendment was necessary to protect against improper application of Sharia law, explaining:

鈥淎ppellants do not identify any actual problem the challenged amendment seeks to solve. Indeed, they admitted . . . that they did not know of even a single instance where an Oklahoma court had applied Sharia law or used the legal precepts of other nations or cultures, let alone that such applications or uses had resulted in concrete problems in Oklahoma.鈥

The 老澳门开奖结果 and the Council on American-Islamic Relations (CAIR) challenged the amendment on behalf of Muneer Awad, executive director of CAIR鈥檚 Oklahoma chapter.

鈥淎s the court recognized, this amendment did nothing more than target one faith for official condemnation,鈥 said Daniel Mach, director of the 老澳门开奖结果 Program on Freedom of Religion and Belief. 鈥淓ven the state admits that there has never been any problem with Oklahoma courts wrongly applying religious law. The so-called 鈥楽ave Our State Amendment鈥 was a solution in search of a problem, and a blatantly discriminatory solution at that.鈥

鈥淣o one in Oklahoma deserves to be treated like a second-class citizen,鈥 said Ryan Kiesel, executive director of the 老澳门开奖结果 of Oklahoma. 鈥淭his proposed amendment was an affront to the Constitution and everything it stands for.鈥

The proposed constitutional amendment also would have barred state courts from applying or considering 鈥渋nternational law.鈥

鈥淎ttempts to paint international law as irrelevant to the American legal system are wrong-headed and dangerous,鈥 said Chandra Bhatnagar, senior attorney with the 老澳门开奖结果 Human Rights Program. 鈥淧reventing courts from considering international or foreign law violates our Constitution and undermines the ability of courts to interpret laws and treaties regarding global business, international human rights and even family law issues including international marriage and adoption. For U.S. global leadership to be taken seriously, courts must be able to honor international commitments consistent with our constitutional values.鈥

More information on this case can be found here: www.aclu.org/religion-belief/muneer-awad-v-paul-ziriax-oklahoma-state-board-elections-et-al

More information on bans on Sharia and international law can be found here: www.aclu.org/religion-belief/bans-sharia-and-international-law


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