Wednesday, January 11, 2012

Oklahoma's ban on Sharia Law violate the establishment clause

So says an appellate court:

A federal appeals court today blocked a measure that would’ve made Oklahoma the first state in the nation to ban the Sharia law in its court system.

The court ruled in favor of Muneer Awad, executive director of the Council on American-Islamic Relations (CAIR) in Oklahoma, who filed a lawsuit against the Oklahoma election board on the grounds that the voter-approved constitutional amendment violated the Establishment Clause of the Constitution forbidding the government from favoring one religion over another.
The Oklahoma law passed with 70 percent of the vote, but constitutional ruling do not take this into consideration. Protecting the liberty of the individual generally involves restricting the preferences of the majority.

Here's more from the Atlantic, the decision was unanimous, and apparently not a big surprise. And two from the Volokh Conspiracy here and here.