A Judge Overrules The Voters In Oklahoma

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USA Today posted an article today stating that U.S. District Judge Vicki Miles-LaGrange issued a temporary restraining order Monday to block a new amendment to the Oklahoma Constitution that would prohibit state courts from considering international or Islamic law when deciding cases.  Let's see what this means.  The state courts cannot consider international law or Islamic law when deciding cases--they must base their decisions on the Constitution and on state law.  Why in the world is that a problem?

The Council on American-Islamic relations brought a lawsuit against the law.  According to the article:

""My constitutional rights are being violated through the condemnation of my faith," said Muneer Awad, executive director of the Council on American-Islamic Relations in Oklahoma. "Islam was the target of this amendment. This amendment does not have a secular purpose.""

The amendment most certainly does have a secular purpose--it is to make sure that court cases are settled on the basis of American law.  The measure, State Question 755, was approved with 70% of the vote--don't the voters in Oklahoma have rights?

The article also points out:

"Among other things, Awad's lawsuit alleges the measure transforms Oklahoma's Constitution into "an enduring condemnation" of Islam by singling it out and barring courts from referring to Islamic law. It also alleges it violates the First Amendment's prohibition against laws regarding the establishment of religion."

Maybe I'm looking at this backwards, but it seems to me that the law prevents the establishment of religion as law.  The First Amendment prevents the government from establishing a government religion.  To allow Sharia Law to be used in court is to allow religious law to trump American laws.  That is is unconstitutional.  Hopefully this restraining order will be overturned.  I don't want to live in a country where women can't work, drive cars, or go out without a male relative with them.  I can't imagine what this judge is thinking.  Her rights are at risk also.

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This page contains a single entry by Granny G published on November 9, 2010 11:33 AM.

I Guess Not Everyone In Washington Got The Message In The Last Election was the previous entry in this blog.

The Dangers Of Overreach By The Nanny State is the next entry in this blog.

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