Court Strikes Down Oklahoma Amendment


This was such a frustrating experience as an Progressive Oklahoma Democrat watching the votes coming in on this issue on that November. Folks need to get out and vote, and not just on presidential elections. I’m sure we could use our tax money on schools, economic growth, and such– not on stupid Tea Party wedges.  These types of laws are profoundly un-American and need to be called out as such.

“Not only do attempts to ban consideration of Sharia law violate the first amendment, but more extensive attempts to ban consideration of international and foreign law altogether are directly contrary to our common law legal system as well as, in some instances, the Supremacy Clause of the United States Constitution.” – Professor Martha Davis, Northeastern University School of Law

You’re doing fine, Oklahoma.

RIGHTSCAPES

Posted by Professor Martha Davis, Northeastern University School of Law

Coourt StrikesOn August 15, a federal district court in Oklahoma struck down the state’s constitutional amendment barring consideration by state court judges of Sharia law, international law and “legal precepts of other nations or cultures.”  The amendment was passed by public referendum in November 2010, garnering more than 70 percent of the popular vote; it had been subject to a preliminary injunction since its enactment, and the 10th Circuit Court of Appeals previously ruled that the amendment’s anti-Sharia language likely violated the first amendment.  The August 15 district court opinion entered a permanent injunction striking down the amendment.  Though the Court of Appeals has already indicated its view of the first amendment issue, the state may yet decide to appeal this most recent ruling to the 10th Circuit Court of Appeals.

Despite its legal infirmity, Oklahoma’s enactment triggered…

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One Response to Court Strikes Down Oklahoma Amendment

  1. “First they came for the Jew’s and I said nothing, then they came for the union leaders and I said nothing, then they came for the church leaders and I said nothing, then they came from Me”. Quote from a prisoner hauled off by tne Nazi’s to the death camps.

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