Eagle Forum Legislative Alerts

Wednesday, January 11, 2012

Court invalidates Sharia law ban

A federal court just ruled:
Tenth Circuit U.S. Court of Appeals has upheld the injunction ordering the Oklahoma Secretary of State not to certify the enactment of the Oklahoma anti-foreign-law/anti-Sharia constitutional amendment.
The amendment said:
“[The Oklahoma Courts] 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 law or Sharia Law.”
The federal court says that the last sentence expressly condemns a religion, and therefore it is unconstitutional to certify the election passing this amendment.

The federal court refused to consider the obvious solution of just ignoring the Sharia law clauses as superfluous verbiage, considering that courts are not supposed to follow religious law anyway.

If you don't think it is possible for Sharia law to creep in, read this pdf report on Sharia law in the UK.

The problem here is that Islam is not just a set of religious beliefs like Christianity. Islam is also a system of laws, and in Islamic countries, those laws apply to everyone, whether followers of Islam or not. Those countries have no freedom of religion or secular law as we know these principles. Saying that Oklahoma courts should follow American law is not an attack on religious beliefs. It is merely an affirmation of American legal principles.

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