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PDF versionCourt: Oklahoma ban on Islamic law unconstitutional
by Tom Gallagher on Jan. 10, 2012
An amendment that would ban Oklahoma courts from considering international or Islamic law discriminates against religions and a Muslim community leader has the right to challenge its constitutionality, a federal appeals court said Tuesday.
In a decision that should be hailed by the U.S. bishops' Ad Hoc Committee on Religious Liberty, a federal appeals court upheld a U.S. district court's decision allowing the Council on American-Islamic Relations in Oklahoma to sue to prevent a xenophobic state law from implementation.
Time will tell if the U.S. bishops are serious about religious liberty by the way in which they come to the defense of Muslims, whose religious liberty appears most threatened in the United States.
The court in Denver upheld U.S. District Judge Vicki Miles-LaGrange's order blocking implementation of the amendment shortly after it was approved by 70 percent of Oklahoma voters in November 2010.
Muneer Awad, the executive director of the Council on American-Islamic Relations in Oklahoma, sued to block the law from taking effect, arguing that the Save Our State Amendment violated his First Amendment rights.
The amendment read, in part: "The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law."
Backers argued that the amendment intended to ban all religious laws, that Islamic law was merely named as an example and that it wasn't meant as a specific attack on Muslims. The court disagreed.
Well stated. This Oklahoma
Well stated. This Oklahoma law could have implications for Jewish groups and for many other religions as well -- notably Roman Catholics. If the bishops are serious about religious liberty, perhaps they would offer an amicus brief?
and when international law
and when international law requires a review of a capital punishment, the state can just go ahead and execute the prisoner, as occurred recently in Texas to a Mexican national despite international, and national, pleas for review?
And La Hague need not intervene?
I agree with the court's
I agree with the court's decision, as I think the law should have been written differently in order to reflect that the primary law must remain federal, state, and county laws. As a body politic we have considered international law when it is in our interests to do so. But always the U.S. has followed its own laws. There is enough overlap between governmental bodies regarding civil and criminal law, and enough problems as a result. The amendment was poorly structured, and should not have specifically pointed to Sharia Law. The amendment needs to be rewritten, and reintroduced. However, if Sharia Law is considered, then I would suggest we should also consider Canon Law and Talmudic Law as well, and whatever other religious laws are out there. What a conundrum this would be for our court system.
Do NOT allow Sharia (Islamic
Do NOT allow Sharia (Islamic law) law to be the law for Muslims in U.S. It is horrible to women and girls. Women and girls get beaten, whipped, stoned or executed for so called honor violations, like dating or using the internet, going out with high school girlfriends to the mall, marrying someone not arranged by the parents or other relatives, the husband or dad or other relative can decide the infraction and kill the girl or woman over it.
Stop Sharia law, Islamic law, being carried out to any Amerioan. It is terrible to women and girls.
Do not forget too that
Do not forget too that American girls and women sometimes marry Muslim men, and also should not be subjected to the horrors of Islamic law carried out in U.S. Only American laws and American constitution should be the law in U.S.
It could be your daughter, granddaughter, cousin, friend, co-worker, sister, aunt, mom, grandma who one day marries a Muslim person in U.S. Please, let us not have Sharia law legal in U,S.A, This is why many escaped Islamic countries to not be under such laws.
Then church courts of the
Then church courts of the inquisition should be allowed and canon law should be upheld by the U.S. Anyone that disagrees with this is the worst kind of hypocrite.
That will drive the repubs
That will drive the repubs crazy. And in addition, they hate the courts and the Rule of Law. Just ask Cornyn and Scalia.
Religious freedom must
Religious freedom must include the freedom from religion too.
Americans must not submit to religious rules imposed on them because people must be free to not accept such impositions. Different religions, different interpretations and sects, schisms of the same religion, impose different rules on their groups.
Say the religion will not tolerate any dancing, or drinking any alcohol and punishes severely any who dance or drink alcohol. Must this be imposed on all? Must American courts agree to this and uphold those laws?
Say the religion will not tolerate women and girls associating socially with other women and girls outside of the home, or not covering every part of their bodies in public, will that be imposed on all? Say if women marry against relatives wishes, must all be executed who disobey and do not follow arranged imposed marriages? Must American courts carry out those laws? Must women and girls who break such rules be executed amd American courts uphold such executions for rules infractions?
Say one part of religious community will tolerate abortion if it is result of incest or rape, or if the pregnancy will kill the mother, yet another part of the religious community will not tolerate any abortions for anyone. Is this imposed on all too? Must American courts carry this out?
Say a religion imposes death penalty on anyone it perceives that insults its religion, do we as Americans carry out that law as legal too?
These severe penalties did go on for hundreds of years in Europe and the new American colonies and many women especially,, and men, were executed for these reasons, and labeled 'witches' and ' heretics', tortured and put to death for such 'crimes' by both church and state. The Inquisition and witch burning times went on for 500 years.
Is this what we want for religious freedom in U.S.A.?
There must be separation of state and religion.
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