Days after Oklahoma voters overwhelmingly approved a ballot measure to prohibit its courts from considering Sharia or international law, CAIR's Oklahoma director filed a lawsuit asking for an injunction against the law.
Muneer Awad, director of the Council on American-Islamic Relations' Oklahoma chapter, filed suit against the Oklahoma Board of Elections in federal court on Thursday. In the suit, he alleges the law both violates the First Amendment and harms his family's ability to carry out his will after he dies.
...
Is Oklahoma Sharia Ban Constitutional?
Yes
No, It's against the First Amendment of our Constitution
Other
CAIR Member Sues Oklahoma Over Sharia Ban | TPMMuckraker
This is great news - just because something doesn't exist doesn't mean you shouldn't ban it. That's why I have long fought for ballot measures to ban cat pilots, baby curling, and man-futon marriage. Besides, you can't be too careful, because there are 15,000 Muslims in Oklahoma - a full 4/10 of 1% of their population. Now sure, Oklahoma has a larger population of cows, but I say we keep an eye on them too - just in case any of them are practicing...Mooslims.
Honestly, the right wing southerners has been reduced to voting on nationalist policies on impulse.
I don't know enough about the details of Oklahoma's law to really have an informed opinion, but it sounds like this guy is suing because he wants his property to be divided in accordance with Sharia law. If the Oklahoma law prohibits him from doing that, then I would say yes, it is a violation of his 1st Amendment rights. A will is a legal contract, so if the courts refuse to consider Sharia law even though that is this guy's clearly expressed intent, then it certainly sounds to me like his rights are being violated.
From reading the article, I think all it prevents him from doing is writing in his will "I want my possessions divided up according to sharia law". He can still have them divided up that way, he just has to write down what that explicitly means, and not mention sharia law.
Honestly, the right wing southerners has been reduced to voting on nationalist policies on impulse. In Oklahoma, if you put up a vote forbidding the practice of Islam, it would pass. Any rights that aren't white, Christian, or domestic are pretty much up for vote at this point.
Is Oklahoma Sharia Ban Constitutional?
Yes
No, It's against the First Amendment of our Constitution
Other
CAIR Member Sues Oklahoma Over Sharia Ban | TPMMuckraker
It's unconstitutional for another reason. By explicitly forbidding US state courts from applying US signed treaties, it renders the Federal Government's sole right to foreign relations moot and explicitly forces US state courts to ignore US federal law. States do not have the right to conduct legislation on foreign trade. This bill contradicts the Constitution.
Not because the belief that our judges should only use our laws and base their decisions only on our laws to be the reason why people voted for this law? ITs because theys hates them thar musalems and watch Hee haw and stuf ...huh?
No it does not for the simple fact it bans judges from citing sharia law and there is also the fact the voters are on congress..
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;
It's unconstitutional for another reason. By explicitly forbidding US state courts from applying US signed treaties, it renders the Federal Government's sole right to foreign relations moot and explicitly forces US state courts to ignore US federal law. States do not have the right to conduct legislation on foreign trade. This bill contradicts the Constitution.
http://www.debatepolitics.com/news-...using-international-law-3.html#post1059083399
No it does not for the simple fact it bans judges from citing sharia law and there is also the fact the voters are on congress..
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;
The law only codifies the relevant section of the 1st amendment - how can that be unconstitutional?Is Oklahoma Sharia Ban Constitutional?
I guess it depends how the law is worded. If it just bans judges from CITING sharia law, that's probably constitutional. But that isn't what this lawsuit alleges. If the law denies the plaintiff the ability to specify in his will that his property be divided according to sharia, that DOES infringe on his religious liberty IMO.
As for the "Congress shall make no law..." passage you cited: the 14th amendment holds the states to the same standard.
The law only codifies the relevant section of the 1st amendment - how can that be unconstitutional?
:shrug;
Section 1 said:"... 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. ..."
I was speaking to the prohibition agianst the consideration of Sharia law, which is, apparently, the primary point of contention.Um, no, it doesn't do only that:
I don't know enough about the details of Oklahoma's law to really have an informed opinion, but it sounds like this guy is suing because he wants his property to be divided in accordance with Sharia law. If the Oklahoma law prohibits him from doing that, then I would say yes, it is a violation of his 1st Amendment rights. A will is a legal contract, so if the courts refuse to consider Sharia law even though that is this guy's clearly expressed intent, then it certainly sounds to me like his rights are being violated.
But as I said, I don't know all the details of Oklahoma's law. I was under the impression that all it did was ban judges from citing sharia law in their decisions. If that's the case, it's probably passes constitutional muster. Stupid, yes. But nevertheless constitutional.
I was speaking to the prohibition agianst the consideration of Sharia law, which is, apparently, the primary point of contention.
If I'm reading your response correctly, you believe that his religous beliefs and practice should supercede the law of the land as defined by the constitution of the state and US government. Seriously???
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?