The state on Tuesday urged a federal district judge to let a controversial state question banning Islamic law in state courts take effect.
District Judge Vicki Miles-LaGrange has issued a temporary restraining order preventing State Question 755 from being implemented.
The action came after Muneer O. Awad, executive director of the Oklahoma Chapter of the Council on American-Islamic Relations, sued to stop the measure.
SQ 755 was approved on Nov. 2 with slightly more than 70 percent of the vote. It bans state courts from using Shariah or international law. State courts do not use Shariah law, or Islamic law, but supporters of the measure said it was meant to be preemptive.
A hearing on a preliminary injunction is set for Monday in Oklahoma City.
Awad has said putting the words Shariah in the constitutional amendment brings disfavor on his religion.
The state said Awad has not been harmed.
“Plaintiff is asking this court to completely veto the actions of 70 percent of the Oklahoma electorate without any proof of direct harm,” according to a brief filed by Scott Boughton and Janis W. Preslar, assistant attorneys general.
The principle purpose of the measure is to ban Oklahoma courts from looking to the precepts of other nations or cultures, the brief said.
“The reference to ‘international law or Shariah law’ is merely a subset of the references to ‘precepts of other nations or cultures,’” the brief said. “The measure bans, equally, all laws from other nations or cultures, including but not limited to international law and Shariah law.”
The measure does not favor or discriminate against any religion, the brief said.