Appeals court turns down Oklahoma Shari‘a ban

January 10, 2012

Oklahoma's referendum barring judges from considering Islamic law is
unconstitutional, the Tenth U.S. Circuit Court of Appeals has ruled,
upholding a lower court ruling that had blocked the measure. The appeals
court ruling could affect more than 20 other states where laws against
Shari'a are contemplated.

In a 37-page ruling on January 10, the
Tenth Circuit's three-judge panel dismissed assertions by lawyers for
Oklahoma that the law did not discriminate against Muslims. "That
argument conflicts with the amendment's plain language, which mentions
Shari'a law in two places," wrote Judge Scott Matheson.

The
Denver-based judges said that while courts should be wary of meddling in
voter referendums, minorities' constitutional rights must be protected.
Some 70 percent of Oklahoma voters approved the referendum in November
2010.

Muneer Awad, head of the Okla­homa chapter of the Council of
American-Islamic Relations, sued to block the measure, saying it
discriminates against Islam and violates church-state separation.

"This
is an important reminder that the Constitution is the last line of
defense against a rising tide of anti-Muslim bigotry in our society,"
Awad said in a statement, according to the Denver Post.

Last
year, a U.S. District Court judge in Oklahoma City also found the ban
unconstitutional and issued a temporary injunction preventing it from
taking effect. The case now returns to the district court in Oklahoma,
which is expected to issue a permanent injunction against the law.

If
Oklahoma Attorney General Scott Pruitt decides to appeal that case, it
would return to the appeals court—and could eventually be heard by the
U.S. Supreme Court.  —RNS