Appeals court turns down Oklahoma Shari‘a ban
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.