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Religion & Law

: Religion Clause

Opinion Released In TRO Against Oklahoma Anti-Shariah Amendment

By Howard M. Friedman

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As previously reported, earlier this week an Oklahoma federal district court issued a temporary restraining order barring Oklahoma's State Board of Elections from certifying last week's election results reflecting approval of a proposed amendment to the Oklahoma constitution that bars state courts from considering international law or Shariah law in deciding cases. Now the court's opinion supporting the TRO has been released. In Awad v. Ziriax, (WD OK, Nov. 9, 2010), the court found that plaintiff has standing to assert that the amendment violates the Establishment Clause. Plaintiff asserted three kinds of injuries: the amendment reflects official condemnation of his religious faith, it invalidates his will because the will incorporates various Muslim teachings, and the amendment will require state courts to unconstitutionally determine what is and is not encompassed in Shariah law. The court also concluded that plaintiff had made a preliminary showing of likelihood of success on the merits because the amendment does not have a secular purpose and fosters excessive entanglement of government with religion. Politico yesterday reported on the decision.

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