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Home Front: Politix
OK Ballot Seeks To Ban Sharia And Int'l Law in State Court Decisions
2010-06-09
State lawmakers say it's a preemptive strike against Sharia law, needed to prevent here what has happened in the United Kingdom.

An Islamic leader says it's another example of a rising tide of anti-Islamic bigotry in America.
Apparently a devout Muslim just can't obey civil law like everyone else ...
State Question 755, which likely will be on the ballot in November, would make in-state courts rely on federal and state laws when deciding cases and forbid courts from using international law or Sharia law when making rulings.

The proposal, which has an Edmond connection, would amend Article 7, Section 1 of the Oklahoma Constitution, and stems from House Joint Resolution 1056, dubbed the "Save Our State" amendment, passed during the just-finished legislative session.

State Rep. Lewis Moore, R-Edmond, a co-author of HJR 1056, said he wanted to express his support very early for the legislation, which is needed because of the "onslaught" coming Oklahoma's way.

"I don't think we should accept or encourage Sharia law in any way, shape or form," Moore said.

State Rep. Rex Duncan, R-Sand Springs, primary author of HJR 1056, said Oklahoma is the first state to pass such legislation and he hopes other states will follow.

Duncan, an attorney who chairs the House Judiciary Committee, said the amendment is needed because judges in other states and on the federal bench have increasingly cited international law in their decisions. He said he feels that action is inappropriate in a sovereign state.

Duncan said Sharia law is entrenched in the United Kingdom.

"It is a cancer upon the survivability of the UK," Duncan said. "SQ 755 will constitute a pre-emptive strike against Sharia law coming to Oklahoma."

State Sen. Anthony Sykes, R-Moore, a co-author of HJR 1056, said American courts are being more frequently challenged that international law should trump U.S. law.

"Sharia law coming to the U.S. is a scary concept," Sykes said. "Hopefully the passage of this constitutional amendment will prevent it in Oklahoma."

The wording in SQ 755 is being altered. In a letter dated June 2, addressed to the secretary of state and legislative leaders, the Attorney General's Office concluded the present wording does not comply with applicable laws because it does no adequately define either Sharia law or international law.

The AG's office stated that it will within 10 business days prepare a preliminary ballot title that complies with the law.

Paul Ziriax, secretary of the Oklahoma State Election Board, said once the AG's office is done with the proposal, the governor will issue a proclamation formally setting the election date. An issue such as this must be on the ballot in November unless it is disqualified for some reason, Ziriax said.
I would suspect that this would include 'Halakha', Jewish Law, from being incorporated into State court legal decisions. It would also not preclude Sharia or Halakha from being voluntarily used by individuals with prior agreement.
Posted by: Anonymoose

#7  The entire concept of substituting any group of laws for laws that have been drafted, voted on and passed by our elected legislatures is such a twisting of our legal system it is rediculus. Many of our laws that had popular support were found by SCOTUS to be unconstitutional. The Constitution is the supreme law of the United States of America. If a law is found to be not constitutional it ceases to exist. It doesn't matter what anybody else in the world thinks, this is our country and we are not subserviant to anyone including the U.N.
I saw a piece from the middle east in which a father had his son's hand crushed with a truck tire because he had stolen something. Do you think that would rise to level of cruel and unusual punishment? Americans tolerate intrusions into our society for too long and then overreact to set things right. I hope these idiots keep pushing the silent majority to the wall, because the day is coming where the silent majority will come off the wall and re-establish a Constitutional government.
Posted by: Dave   2010-06-09 15:49  

#6  The entire concept of substituting any group of laws for laws that have been drafted, voted on and passed by our elected legislatures is such a twisting of our legal system it is rediculus. Many of our laws that had popular support were found by SCOTUS to be unconstitutional. The Constitution is the supreme law of the United States of America. If a law is found to be not constitutional it ceases to exist. It doesn't matter what anybody else in the world thinks, this is our country and we are not subserviant to anyone including the U.N.
I saw a piece from the middle east in which a father had his son's hand crushed with a truck tire because he had stolen something. Do you think that would rise to level of cruel and unusual punishment? Americans tolerate intrusions into our society for too long and then overreact to set things right. I hope these idiots keep pushing the silent majority to the wall, because the day is coming where the silent majority will come off the wall and re-establish a Constitutional government.
Posted by: Dave   2010-06-09 15:49  

#5  
An Islamic leader says it's another example of a rising tide of anti-Islamic bigotry in America.


WTF? Why is it "bigotry" to say that civil and criminal courts cannot use religious law to reach their decision? I have the feeling he's more upset that there's an additional obstacle to establishing the Caliphate of Oklahoma than in any real "bigotry" he's ever experienced.

(And, finally, if he doesn't like it, there are nations who base their entire "justice" system on shariah. I'm sure he's welcome in one of them.)
Posted by: Rob Crawford   2010-06-09 12:24  

#4  a big shout out to the people of Oklahoma. They also have a common sense solution to the illegal undocumented people residing in OK. Unfortunatly, they just moved to Dodge City, Liberal and Garden City.
Posted by: bman   2010-06-09 11:18  

#3  Sharia law is not a belief of a splinter group radical islam but it is a belief and tenet of mainstream islam. The islamists don't care a whit about our Constitution. They are dedicated to supplanting American constitutional democracy with sharia law. Sharia law is a complete system governing politics, religion, economics, and behavior. It is antithetical to our freedoms and way of life. Sharia law should be resisted vigorously in the West and rejected. Sharia law and constitutional law cannot exist side-by-side.
Posted by: JohnQC   2010-06-09 09:58  

#2  The interesting aspect of this is that it forbids State judges from basing decisions on Sharia or International law. This is even a slap at the two SCOTUS judges who said that US courts should consider international law when making their decisions, which was greeted with much derision and catcalls, even from some of the other justices.

Judicial justification is a very odd thing. For example, jurors can flip coins to consider guilt or innocence, but they cannot consult the Bible. Only higher level judges tend to justify their decisions with explanations--but if this law is passed, those justifications cannot include alien law references.

There is a lot more to this referendum than just a bunch of rednecks chewing the fat.
Posted by: Anonymoose   2010-06-09 09:15  

#1  " It would also not preclude Sharia or Halakha from being voluntarily used by individuals with prior agreement."

Yes, I would expect people could use whatever method of non-judicial arbitration they might agree upon aside from dueling.
Posted by: crosspatch   2010-06-09 03:14  

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