Wednesday, November 10, 2010
Judge Vicki Miles-LaGrange of the Western District of Oklahoma yesterday issued her Temporary Restraining Order, enjoining the State from certifying the election results for State Question 755, the state ballot question that would amend the Oklahoma Constitution to ban state courts from considering Sharia law.
Judge Miles-LaGrange's order was expected. She issued a Minute Sheet to the same effect earlier this week.
The 9-page Order concludes that plaintiff Muneer Awad is likely to succeed on his Establishment Clause and Free Exercise Clause claims for reasons argued by Awad. As to the Establishment Clause, Judge Miles-LaGrange wrote that the ballot measure did not have a secular purpose, that its primary purpose inhibits religion, and that it fosters an excessive government entanglement with religion. As to the Free Exercise Clause:
[T]he Court finds that plaintiff has made a preliminary showing that State Question 755's amendment is not facially neutral, discriminates against a specific religious belief, and prohibits conduct because it is undertaken for religious reasons. Additionally, the Court finds that plaintiff has made a preliminary showing that State Question 755's amendment is neither justified by any compelling interest nor narrowly tailored.
Judge Miles-LaGrange also ruled that Awad had standing, and that the case was ripe for review. She ordered the TRO in effect until the scheduled hearing on the preliminary injunction, Monday, November 22.
Meanwhile, two Con Law Profs weighed in. Prof. Ali Khan (Washburn) takes a strong stand against the measure, arguing that it would affect everything from Muslim prisoners' rights to halal food to state court interpretation of international business contracts based on Sharia law to marriages under Sharia law. Prof. Marci Hamilton (Cardozo) argues that it may be a non-issue, because courts can't use religious law, anyway:
It may look anti-Muslim, but no other religious group has a right to have their religious doctrine determine secular law. On this reading, it is just a restatement of the rule of law.