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-Oklahoma: Federal Judge Blocks Sharia Ban

by Dr. D ~ November 9th, 2010

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Chief Judge Vicki Miles-LaGrange, of U.S. District Court in Oklahoma City issued a temporary restraining order blocking the state Election Board from certifying a measure that would ban Sharia (Muslim) law in the State.

The measure -State Question 755- forbids state courts from using or referring to “international law or Sharia Law” in legal decisions. It passed by a vote of over 70% on November 2.

Judge Miles-LaGrange set a Nov. 22 hearing to consider whether the Save Our State Amendment violates the U.S. Constitution.

The law suit against the measure was filed by Muneer Awad, an Oklahoma City Muslim, who claims that the measure violates the First Amendment, which forbids government from promoting an “establishment of religion” or interfering with “free exercise” of religion. Mr. Awad is the executive director of the Oklahoma chapter of the Council on American-Islamic Relations (CAIR).

Response: I would think that using Sharia law itself in judgments would be unconstitutional. How could a measure that merely supports the separation of state and Sharia law be unconstitutional?

Muslims in the state are offended by the measure and feel that it is anti-Muslim and interferes with the ‘free exercise’ of their religion. Nevertheless I don’t believe that this measure really changes anything under the law or stops Muslims from the ‘free exercise’ of lawful provisions within their religion.

Sharia is a major part of Islam and cannot easily be separated from the religion. However, there are many things in Sharia Law which are plainly illegal in this country.

The problem is that judges no longer consider only American and state law in their judgments but are many times guided by ‘political correctness’ and by their own activist notions and agenda. This Oklahoma measure was devised to prevent that very thing.

Now a judge is going to consider whether banning something that should be unconstitutional is itself unconstitutional? It doesn’t really make a whole lot of sense. It will be interesting to see how Judge Vicki rules in this case.             *Top of the Blog

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