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

[guido911]

OK ... name an example in which it would, then.

Not sure if this is an example, but what about prisoner religious rights (i.e. special treatment such as extended prayer times and meals)? 

Not taking a side favoring this law. Again, I cannot imagine a state judge, having to face voters, would apply Sharia law. I do not even know if such is legal authority.

[Townsend]

Wouldn't other religion's laws have to be cited as well?

[guido911]

Wouldn't other religion's laws have to be cited as well?

Yep, but curious how that is not apparently part of the new law.  Notwithstanding, Oklahoma has already passed the Religious Freedom Act, 51 O.S. Secs. 251 et. seq.  In relevant part:

§ 253. Burden upon free exercise of religion


A. Except as provided in subsection B of this section, no governmental entity shall substantially burden a person's free exercise of religion even if the burden results from a rule of general applicability.

B. No governmental entity shall substantially burden a person's free exercise of religion unless it demonstrates that application of the burden to the person is:

1. Essential to further a compelling governmental interest; and

2. The least restrictive means of furthering that compelling governmental interest.

51 O.S. § 253



I guess Sharia law could be implicated under this section. Who knows? But if it isn't, here comes the equal protection folks...

[we vs us]

I guess Sharia law could be implicated under this section. Who knows? But if it isn't, here comes the equal protection folks...

I know, right?  Equal protection is, like, totally tiresome. 

[jamesrage]

Again, please cite a case in Oklahoma in which sharia law is going to be or has been cited. Tick ... tick ... tick ...

This law is about is preventing Sharia law and laws from other countries being cited and used in Oklahoma cases. It doesn't matter if we had a Ruth Bader Ginsburg on the citing foreign laws on  the state and local level or not, the key is prevent that sort of nonsense from happening.

[Conan71]

This law is about is preventing Sharia law and laws from other countries being cited and used in Oklahoma cases. It doesn't matter if we had a Ruth Bader Ginsburg on the citing foreign laws on  the state and local level or not, the key is prevent that sort of nonsense from happening.

I didn't see it happening in the first place, but it does make the redneck in me feel better knowing that with the passage of this they will never use Sharia or international law in Oklahoma courts.

[rwarn17588]

This law is about is preventing Sharia law and laws from other countries being cited and used in Oklahoma cases. It doesn't matter if we had a Ruth Bader Ginsburg on the citing foreign laws on  the state and local level or not, the key is prevent that sort of nonsense from happening.

Dude, the threat of an Oklahoma judge citing foreign law is nonexistent. If you can provide evidence to the contrary, do so. If not, you're scared of literally nothing.

This proposal is nothing more than a waste of time and money and a lot of pandering to fearful and gullible rubes such as you.

[Townsend]

fearful and gullible rubes.

Guess who holds office in Oklahoma.

[jamesrage]

I didn't see it happening in the first place,

Better safe than sorry than to wait for some judge to cite sharia or foreign laws when deciding a case in Oklahoma.

[we vs us]

Better safe than sorry than to wait for some judge to cite sharia or foreign laws when deciding a case in Oklahoma.

Because then, when it happens, it's all over and we'll have become a part of the Ummah WITHOUT. EVEN. KNOWING IT.

[jamesrage]

Dude, the threat of an Oklahoma judge citing foreign law is nonexistent. If you can provide evidence to the contrary, do so. If not, you're scared of literally nothing.
This proposal is nothing more than a waste of time and money and a lot of pandering to fearful and gullible rubes such as you.

If it can happen on the supreme court level then it can most certainly happen on the state and local level as well. This proposal is meant to prevent such a thing from occurring in Oklahoma.  

[rwarn17588]

If it can happen on the supreme court level then it can most certainly happen on the state and local level as well. This proposal is meant to prevent such a thing from occurring in Oklahoma.  

As usual, james doesn't answer the question ... he mindlessly repeats the same ludicrous talking point.

[nathanm]

A good portion of our legal system was based on British common law before 1776, when it wasn't *gasp* FOREIGN.

It still is, except where it's been specifically overruled by the federal or state governments and where it is incompatible with the applicable constitutions.

Also, this law could find itself running afoul of the federal Constitution. Some treaties we have ratified could be argued to operate as "international law," and having been duly ratified by the Senate, are as binding as any federal law unless of course they run afoul of the Constiution.

I presume jamesrage is also opposed to state judges citing decisions made by other state courts when there is no precedent on point to otherwise guide them.

[Gold]

Since most of our law is based on Blackstone and  English common law, looks like the boys in Ok. City are going to have a heap of those foreign laws to rewrite so our judges can get back to only using the real American kind.

Win. What happens when a state judge conceivably has to evaluate an issue of international law in a contract?  This is completely ludicrous and a shame given all the other issues facing our state.  I'm embarrased.

[Townsend]

Is Jamesrage and Tom Coburn the same person?

Coburn wrote on his website that he believes "significant questions" have been raised about whether Kagan plans to use foreign law if she is confirmed as a Supreme Court justice.

Senator Tom Coburn Part Of Panel Questioning Elena Kagan

http://www.newson6.com/global/story.asp?s=12719107

I foresee a future of many sound bites from this.