No Sharia Law in U.S. Courts

By 

Jay Sekulow

|
June 9, 2011

3 min read

Jihad

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The stage is set for a serious legal challenge involving the will of the voters in Oklahoma and an Islamic organization that's filed a federal lawsuit challenging a state amendment that bans the use of Islamic Sharia law and international law in Oklahoma courts.
 
A federal judge in Oklahoma has issued a preliminary injunction - blocking implementation of the new Oklahoma amendment (State Question 755) approved by more than 70% of Oklahoma voters on November 2nd.
 
The preliminary injunction follows a temporary injunction that was issued a couple of weeks ago putting the amendment on hold.  In a 15-page order issued Monday, U.S. District Judge Vicki Miles-LaGrange ruled in favor of a Muslim - a member of CAIR - an Islamic organization with ties to terrorism. 

In granting the request for a preliminary injunction, the judge said her order "addresses issues that go to the very foundation of our country, our Constitution, and particularly, the Bill of Rights." She added: "Throughout the course of our country's history, the will of the 'majority' has on occasion conflicted with the constitutional rights of individuals."
 
The judge, while giving no indication on when she will reach a decision in the case, said that the plaintiff "has made a strong showing that State Question 755s amendments primary effect inhibits religion and that the amendment fosters an excessive government entanglement with religion."
 
We don't agree.  We're engaging this issue and working now on a friend-of-the-court brief to be filed in this case.
 
The fact is that Oklahoma voters do have the authority to reaffirm that our judicial system is based on our U.S. Constitution.  The amendment is simple:  it reaffirms the supremacy of the federal and Oklahoma state constitutions and it clearly states that international law or Sharia law should not be applied in U.S. court cases.
 
What's troubling is that this plaintiff is making headway in federal court on these flawed arguments.  This is an important constitutional issue not only facing Oklahoma but other states as well.  It's important that we stand-up against pressures to change our legal system - a continued push to permit Islamic Sharia law and international law to influence court cases in this country. 
 
Jordan has a detailed look at this issue and provides an in-depth legal analysis in an article entitled:  "In defense of Oklahoma's Sharia ban" which appears in the Washington Post.  You can read the article here and post your comments at the website.
 
I want you to know that we are working aggressively to ensure that Sharia law is never permitted to be used in U.S. court cases.  We're in the midst of conducting legal research and are preparing an amicus brief - backing the Oklahoma ban - which will be filed in connection with this case. 
 
Stand with us.  Add your name to our brief.  Sign on today to the Committee Rejecting Islamic Sharia Law in America's Courts.
 
We will keep you posted as developments on this case unfold.