Thursday, August 15, 2013

Court Permanently Enjoins Oklahoma's Anti-Sharia Constitutional Amendment

District Judge Vicki Miles-LaGrange (W.D.Okl.) today permanently enjoined the Oklahoma state constitutional amendment that would forbid Oklahoma courts from considering Sharia law, international law, or "the legal precepts of other nations or cultures."  The court ruled that the amendment violated the Establishment Clause.  The ACLU posted its press release here.

The permanent injunction comes in round two of the litigation.  In the earlier first round, the Tenth Circuit affirmed the district court's temporary injunction against the amendment.

Judge Miles-LaGrange adopted the Tenth Circuit's reasoning in concluding that the amendment violates the Establishment Clause.  In particular, Judge Miles-LaGrange held that strict scrutiny applied under Larson v. Valente (1982) because the amendment discriminates among religions, and that Oklahoma couldn't provide a compelling government interest in enacting the provision.  Quoting the Tenth Circuit:

[Defendants] do not identify any actual problem the challenged amendment seeks to solve.  Indeed, they admitted at the preliminary injunction hearing that they did not know of even a single instance where an Oklahoma court had applied Sharia law or used the legal precepts of other nations or cultures, let alone that such applications or uses had resulted in concrete problems in Oklahoma.

Op. at 7.

Judge Miles-LaGrange also held that the anti-Sharia portion of the amendment couldn't be severed, because, she said, the whole purpose in adopting the provision was to forbid the use of Sharia law, and the amendment wouldn't have passed without the anti-Sharia provision.

This ruling is surely not the end of the case.  But given the Tenth Circuit's earlier ruling, the result will almost surely be the same on appeal.

SDS

http://lawprofessors.typepad.com/conlaw/2013/08/court-permanently-enjoins-oklahomas-anti-sharia-constitutional-amendment.html

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