First Amendment: An Oklahoma constitutional amendment barring the state's courts from weighing or using Shariah law was struck down in federal court. How can a law written to protect the Constitution be unconstitutional?
Only in the parallel universe of judicial activists in which U.S. District Judge Vicki Miles-LaGrange resides can a law barring a particular religion's influence over court decisions be considered under the First Amendment of the Constitution as an unconstitutional establishment of competing religions.
"While the public has an interest in the will of the voters being carried out, the court finds that the public has a more profound and long-term interest in upholding an individual's constitutional rights," Miles-LaGrange wrote in her decision.
That individual would be Muneer Awad, a Muslim and U.S. citizen who once was executive director of the Oklahoma chapter of the Council on American-Islamic Relations, and who filed a lawsuit on Nov. 4, 2010, seeking to block the Save Our State amendment that had been approved by 70% of Oklahoma voters two days earlier.
On Nov. 29, 2010, Miles-LaGranfe issued a preliminary injunction, finding that Awad had legal standing and that the amendment likely violated both the Free Exercise Clause and the Establishment Clause.
On Thursday she issued a permanent injunction, writing in her order that "it is abundantly clear that the primary purpose of the amendment was to specifically target and outlaw Shariah law and to act as a pre-emptive strike against Shariah law to protect Oklahoma from a perceived 'threat' of Shariah law being utilized in Oklahoma courts."
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