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Judge refuses to ban Islamic sharia law in OK,

siding with terror-linked CAIR, again

Posted on November 29, 2010 by creepingsharia

The terror-linked Islamists at CAIR claim they don’t want Islamic sharia law in the U.S. – even though they’ve been quoted as saying otherwise. The good news in this bad case is that CAIR has been undoubtedly outed as the sharia supremacists they’ve claimed all along they weren’t. Yet they still get the last laugh, for now.

via Judge issues permanent injunction on Oklahoma Sharia law ban – CNN.com.

Washington (CNN) — A federal judge in Oklahoma has issued an order putting on hold the certification of a ballot measure that forbids state courts from considering or using international laws, as well as Sharia, or Islamic law. That permanent injunction will allow the judge more time to consider the constitutional issues raised by State Question 755, which was approved by voters earlier this month.

Judge Vicki Miles-LaGrange had earlier issued a temporary restraining order in favor of the Council of American-Islamic Relations (CAIR), which had sued to nullify the law completely.

“While the public has an interest in the will of the voters being carried out,” wrote the judge in Monday’s order, “the court finds that the public has a more profound and long-term interest in upholding an individual’s constitutional rights.”

The language of her 15-page order indicated Miles-LaGrange has initial doubts about the constitutionality of the ballot measure. She said the case goes “to the very foundation of our country, our Constitution, and particularly the Bill of Rights. Throughout the course of our country’s history, the will of the ‘majority’ has on occasion conflicted with the constitutional rights of individuals.”

The amendment would require Oklahoma courts to “rely on federal and state law when deciding cases” and “forbids courts from considering or using” either international law or Islamic religious law, known as Sharia, which the amendment defined as being based on the Quran and the teachings of the Prophet Mohammed.

In bringing suit, CAIR argued that the amendment violates both the establishment and free-exercise clauses of the First Amendment’s guarantee of religious freedom. The group’s local leader Muneer Awad has said the amendment passed under a campaign of fear and misinformation about Islam.

State Question 755, also known as the “Save Our State” measure was approved by a 7-3 ratio. It was sponsored by State Reps. Rex Duncan and Anthony Sykes, both Republicans.

“The fact that Sharia law was even considered anywhere in the United States is enough for me” to sign on, Sykes told CNN. “It should scare anyone that any judge in America would consider using that as precedent.”

Sykes said his concern was compounded by U.S. Supreme Court Justice Elena Kagan’s comments during her confirmation hearings in June that she would be willing to consider international law when considering cases before the court.

As written on the ballot, the measure states it would amend a state constitution section dealing with the state courts, making them “rely on federal and state law” when deciding cases, forbidding them “from considering or using international law” and “from considering or using Sharia Law.”

Read the ruling here via WSJ.

…the Court would note that it would be incomprehensible if, as plaintiff alleges, Oklahoma could condemn the religion of its Muslim citizens, yet one of those citizens could not defend himself in court against his government’s preferment of other religious views.

In other words, the judge is permitting sharia law to be used in Oklahoma.

…it would appear that any Oklahoma court probating plaintiff’s last will and testament would be required to consider Sharia Law when it issued its order approving the distribution of plaintiff’s assets and, because it would be banned from considering Sharia Law, it, thus, would be precluded from probating plaintiff’s will. The Court further finds that as a result, plaintiff will suffer a concrete, particularized, and imminent injury in that his last will and testament will likely be unable to be probated and, therefore, be unenforceable.

Again, the judge is ruling that the court must consider Islamic sharia law.

While Muslims are plotting attacks to kill Americans, and the Saudi’s, Pakistani’s, Yemeni’s, Iranian’s and other Islamic leaders are playing the U.S. like a fiddle, it’s an American judge – siding with the Muslim Brotherhood – who is allowing Islamic sharia law to spread in the U.S.

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