05 November 2010

CAIR Has Reservations on OK Anti-Sharia Amendment

In the Midterm Election, Oklahoma voters approved State Question 755 by a 70% margin.  The state ballot referendum amended the Oklahoma Constitution to require its courts to solely rely on federal and state law when adjudicating cases and not considering or using international or sharia law.

The Oklahama chapter of the Council of American-Islamic Relations (CAIR) is considering seeking an injunction to prevent the Oklahoma State Elections Board from certifying the results for State Question 755.  Although CAIR-OK held a large press conference announcing their unprecedented action, Executive Director Muneer Awad had not filed the papers to protest was Awad labeled the unnecessary and offensive measure.

CAIR’s argument is that State Question 755 is targeted against a single religious tradition–Islam.  Of course that viewpoint ignores the fact that devoted adherents to Islam see it as a holistic religious and juridical system which supercedes secular law.

It would be an interesting legal argument to litigate whether an anti-sharia constitutional amendment interferes with the Federal First Amendment. But that dispute is not ripe as the law has not been enacted.  CAIR either does not understand the process in a democratic republic that a law must be implemented and a harm caused before it can be litigated.  Maybe CAIR is utilizing the self restraining rules of their opponents that they seek to overturn using lawfare instead of the sword?   Or maybe they are persiverating on the fact that Islam translates to mean submission?

UPDATE 11/08  Federal District Court Chief Judge Vicki Miles-LaGrange of Oklahoma City stayed certification of the Oklahoma State Question 755 until November 22, when consideration of if its Constitutionality.

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