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OK: Judge details rationale for halting anti-Sharia law measure

By Alliance Alert

Politico: "In a nine-page order released Tuesday, U.S. District Court Judge Vicki Miles-LaGrange said she was persuaded that a constitutional amendment known as State Question 755 seemed to have a legally improper religious purpose and posed a threat to violate the rights of Muslims . . . " Ed Whelan comments at Bench Memos. Eugene Volokh writing at The Volokh Conspiracy: "I?m no fan of the amendment, which would also apparently ban the use of foreign law in Oklahoma courts, even in situations ? such as disputes about whether two people were validly married in a foreign country, enforcement of contracts that provide for the use of (say) British law, and tort litigation over conduct that happened in a foreign country ? where foreign law has long been used under standard choice-of-law principles. And it?s also possible that the specific ban on the use of Sharia law might be unconstitutional, though that depends on exactly how the amendment is interpreted. But my tentative sense is that the plaintiff doesn?t have standing to challenge the ban on the use of Sharia." | More from Volokh on standing.

Full post as published by Constitutionally Correct on November 10, 2010 (boomark / email).