Proposed law would block judges from using sharia law and international law

[guido911]

What, precisely, is the problem here?

This might start up the "let's ban Sharia law" debate again. Personally, if there is contractual dispute and interpretation of the terms and conditions at issue require application of understandings unique to the parties, those understandings--even if religious--should be on the table. I have seen this sort of thing numerous times.

To me, this is not an Okie fundie issue when it comes to opposing the introduction of Sharia/Islamic law. Not only is it denigrating, it is almost understandable if the context of the application of Sharia or other religious tenets is not made clear. Now, if courts were to start busting out Korans and quoting passages as primary or even secondary authority supporting their decisions in, let's say, run-of-the-mill tort cases, then perhaps we can take another look.

[nathanm]

I agree 100%. It would be a shame if Glenn Beck or Alex Jones went off on some conspiracy theory bender on the air because of this.

[heironymouspasparagus]

I agree 100%. It would be a shame if Glenn Beck or Alex Jones went off on some conspiracy theory bender on the air because of this.

That's almost a certainty.

[Townsend]

Per TW FB post:

An appeals court on Tuesday said Oklahoma's ban on the consideration of Islamic Shariah law in the state's courts "is likely unconstitutional" and kept in place an injunction against the voter-approved measure.

[patric]

I still dont believe the initiative was much more that a tactic to bring out enough extremists to barely elect Fallon.

[Townsend]

And here she goes again:

Oklahoma Rep. Sally Kern eyes fix to Islamic law ruling

OKLAHOMA CITY - An Oklahoma lawmaker hopes to revive a bill she said will address the concerns of an appellate court that ruled a proposed state constitutional amendment discriminates against religions.

Oklahoma City Republican Rep. Sally Kern said Wednesday a bill she introduced last year would prohibit state courts from basing rulings or decisions on foreign laws, but does not target any religion specifically. Her bill passed the House overwhelmingly last year, but was not granted a hearing in the Senate.

A federal appeals court on Tuesday ruled that a constitutional amendment to ban Oklahoma courts from considering international or Islamic law likely is unconstitutional. More than 70 percent of Oklahoma voters approved the proposal in 2010, but a Muslim community leader challenged it as an official disapproval of his faith.

Read more from this Tulsa World article at http://www.tulsaworld.com/news/article.aspx?subjectid=336&articleid=20120111_336_0_OKLAHO687647

[guido911]

I've read the Tenth Circuit opinion and I cannot see how she can get around it.

[Townsend]

I've read the Tenth Circuit opinion and I cannot see how she can get around it.

Because she'd answer you with "the tent circus what now?"

[heironymouspasparagus]

I've read the Tenth Circuit opinion and I cannot see how she can get around it.

When has actual legal principals, precedence, or reality in general ever stopped Oklahoma politicians from doing the stupid s*** they do??

[Ed W]

I wonder if the law could be worded to exclude "any form of religious law or international law" and thereby pass review with the Supremes.  Not that I think it's a good idea.  It's transparent pandering and a solution to a non-existent problem. 

I know an attorney who remarked that any new law can have unpredictable results.  His warning was to be careful what you wished for. 

[AquaMan]

I wonder if the law could be worded to exclude "any form of religious law or international law" and thereby pass review with the Supremes.  Not that I think it's a good idea.  It's transparent pandering and a solution to a non-existent problem. 

I know an attorney who remarked that any new law can have unpredictable results.  His warning was to be careful what you wished for. 

It seems to me that "any form of religious law or international law" would preclude our very own system which has basis in religious and international laws. Catch 22?

[Ed W]

I could be mistaken, but I think our legal system drew from English common law, the Lords Baltimore for ideas on religious freedom, and even on some concepts borrowed from the Iroquois.  Come to think of it, the Iroquois were here first, so maybe it's only right that we adopted some of their ideas.

[patric]

They're still at it:

OKLAHOMA CITY (AP) — The Oklahoma Senate has approved legislation to prohibit the use of foreign law in state courts.
http://www.fox23.com/news/local/story/Oklahoma-Senate-approves-foreign-law-court-ban/pYnEbUVLokiPQua_ncUZaA.cspx

[nathanm]

[patric]

But it was a Tulsa lawmaker.  Arent we supposed to be just a little less hillbilly?