The American Civil Liberties Union and the Council on American-Islamic Relations filed an appellate brief today with the 10th Circuit Court of Appeals, asking that the court invalidate Oklahoma’s constitutional amendment last year, which barred courts in the state from using or citing Shariah law.
Clickhere for LB background on the voter-approved Oklahoma measure, which was titled the “Save our State Amendment.”
A Muslim activist in Oklahoma City, Muneer Awad, filed suit last year, alleging the measure violated the First Amendment, which forbids government from promoting an “establishment of religion” or interfering with “free exercise” of religion.
Last November, Oklahoma City federal judge Vicki Miles-LaGrange enjoined the Shariah ban from taking effect, noting in her ruling that there was a “substantial likelihood” that the ban violates the Establishment Clause.
In their appellate brief, the ACLU and CAIR seek to have the Oklahoma measure permanently struck down.
“The State of Oklahoma makes no attempt to defend the practice of singling out one religious faith for official condemnation and disability,” the brief states. “Nor could it.”
“Barring courts from considering international law is not only constitutionally problematic but it is also unwise and counter-productive,” Jamil Dakwar, Director of the ACLU Human Rights Program, said in a statement. “The U.S. can hardly be taken seriously as a leader of global human rights, or even free trade, if states are permitted to disregard international law.”
Supporters of the constitutional amendment have said the state has not yet had a problem with judges relying on Islamic law, but they said the measure was needed to ward off any potential future problems.