Federal Court Blocks Oklahoma Ban on Sharia

Bill Mears, CNN, January 10, 2012

A federal appeals court has blocked an Oklahoma voter-approved measure barring state judges from considering Islamic and international law in their decisions.

The three-judge panel at the 10th U.S. Circuit Court of Appeals upheld an earlier injunction preventing State Question 755 from being certified until the free speech questions are resolved. The decision Tuesday allows a lawsuit brought by Islamic-American groups to move ahead to a bench trial.

“The proposed amendment discriminates among religions,” said the judges. “The Oklahoma amendment specifically names the target of its discrimination. The only religious law mentioned in the amendment is Sharia law.”

A federal judge last summer had issued a temporary restraining order in favor of the Council of American-Islamic Relations (CAIR), which had sued to nullify the law completely.

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 the establishment and free-exercise clauses of the First Amendment’s guarantee of religious freedom. {snip}

{snip}

Ballot supporters “do not identify any actual problem the challenged amendment seeks to solve,” said the 37-page ruling. “Indeed, they admitted at the preliminary injunction hearing that they did not know of even a single instance where an Oklahoma court had applied Sharia law or used the legal precepts of other nations or cultures, let alone that such applications or uses had resulted in concrete problems in Oklahoma.”

{snip}

The Oklahoma controversy stems from a New Jersey legal case in which a Muslim woman went to a family court asking for a restraining order against her spouse, claiming he had raped her repeatedly. The judge ruled against her, saying that her husband was abiding by his Muslim beliefs regarding spousal duties. The decision was later overruled by an appellate court, but the case sparked a nationwide firestorm. The issue spread to Oklahoma, prompting the ballot initiative.

Tuesday’s ruling deals only with the injunction stopping certification and enforcement of 755. There was no indication when the federal district judge would hear the larger merits of the Oklahoma case and issue a ruling, but that could be some months away. {snip}

{snip}

 

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  • Anonymous

    Islam is a political system masquerading as a “religion”.  Islam is incompatible with American ideals and values.  The concepts of “dhimmi” (special taxation for infidels), “taquiya” (lying in order to achieve islamic aims) and the inability of a “infidel” to testify (or sue) a muslim in sharia courts speaks VOLUMES.
    There is an old saying: “when in Rome, do as the Romans do”.  This would be good advice for the muslims living in MY country.
    If you muslims cannot accept and embrace AMERICAN values . . . go back to wherever you came from.

    • Anonymous

      Yes, because as an American when I go out in public my worst fear is running across Muslims.  When I see a bunch of Muslims outside of a store, or on the street corner, I think “I may get robbed or carjacked or worse”.

      Yes in America that is in fact, without a doubt, the biggest concern. If we could only ban hijabs our culture and safety would be restored!

      • Anonymous

        Thank you for your intelligent response.  I stand by my statements.  Many foreigners come here and expect us to conform to their ways . . . not this proud white man . . . Islam is a political system masquerading as a religion. How many Christians have you heard of who practice “honor killings” or “child marriage”?

        • Anonymous

          All you need do is read some Shakespeare and then some actual history to know that Christianity once included such practices, and for a long time too.  It is the growth of secularism that changed that due to the advent of the Age of Reason and the Enlightenment.  The inception of the United States was directly influenced by these 18th century movements.  And if I recall current events, we have a white religious faction here in the U.S. that a guy led named Warren Jeffs that actively practices arranged child marriages.  Child marriages were also common in American rural history of the pre-20th century.  One famous 20th century one was when entertainer Jerry Lee Lewis married his 13 year old cousin.

          There are even better arguments against Islam than you make – although I agree that more of this and on a huge new scale is BAD.

      • Has anyone ever told you that you remind them of a little child who must learn for their self; the stove top is hot?

        The fact is, islam means you harm PERIOD.  This goes for muslims too.  Please take the time to research islam for yourself or at least, learn from an Apostate.
        http://www.faithfreedom.org
        http://www.religionofpeace.com
        Start with those two and then get back to us.

    • Anonymous

      Basically, they wouldn’t mind taking advantage of freedom of religion to deny others the same.

    • Anonymous

      Well, so is Christianity for that matter.   It has been so since the first Ziggarats in Mesopotamia.  Here is a pre-Christian quote by Roman philosopher/historian Lucretius;  “All religion is; Sublime to the ignorant, useful to the politician, and ridiculous to the philosopher.”

      Put that in your pipe and smoke it.

      But I agree with the idea that Islam was created for the purpose of state commerce, in particular the slave trade from north to south and visa versa.  I agree that things like Sharia law are in basic conflict with our Western values of freedom protection from religious edict.  Christianity has largely learned to do this and that is why it still exists in the West.  Islam would take the West back to the Dark Ages with forced conversions and executions of non-believers or “heretics.”  The West cannot survive another 1,000 years of such purges, especially since with that comes a fundamental change in genetic composition of Westerners.

  • The Constitution gives Congress the power to guarantee to each state a republican form of government.  Therefore, the Federal government shouldn’t be interfering with a state’s efforts to guarantee itself its own republican form of government.  Obviously, Shari’ah Law would be contradictory to a republican form of government.

    Also, the First Amendment has a non-establishment cause — For governments to use directly religious code (e.g. Shari’ah, Canon Law, Torah/Talmud) to supersede statutory law means that government is establishing a religion.

  • Anonymous

    “Indeed, they admitted at the preliminary injunction hearing that they did not know of even a single instance where an Oklahoma court had applied Sharia law or used the legal precepts of other nations or cultures, let alone that such applications or uses had resulted in concrete problems in Oklahoma.”

    Maybe they need to pass a bill that states the tribal rules regarding cannibalism in New Guinea are not accepted as law Oklahoma courts either.

    • Except that New Guinea tribesmen aren’t a high growth demographic in the United States, Muslims are.

      • Anonymous

        Yes I realize Europe, especially Britian has a serious problem with lower class Muslim immigration.

        But America? Our problems revolve around Hispanics, blacks, Indians, etc…. I never worry about seeing non-black Muslims, okay truth be known while I do not want non-whites to immigrate to the US I do generally end up having good conversations with Muslims.

  • Anonymous

    Nice the 10th U.S. Circuit Court of Appeals  just legalized honor killings, child marriages, rape, polygamy, and lowered the status of women to the level of a donkey. And not a peep from the Feminazis.

    • Anonymous

      I am going to say this nicely. Leave the misogyny out of it, if you have a problem with women go to Storm Front.

      Okay it wasn’t all that nice; but I was still polite.

      • Anonymous

        Condemning Islamic oppression of women is misogyny???

        • Anonymous

          Feminazi is misogynistic. This site is polite and well run and women feel comfortable posting here.

          • Anonymous

            I don’t think calling feminists “feminazis” is misogynistic in the least.  If anything, feminazis are misogynistic…a lot of them want to look and act like men.  Think about it.

            Just as I’m a race realist, I’m a gender realist.

          • Dom

            I’m sorry but from what planet are you? In what way is calling feminazis feminazi misogynistic? You call people for what they are. I couldn’t understand you at first. I was looking for irony but now that I see you are serious I just can’ believe it. If you are not comfortable that people call group that want to put one sex in privileged position and discriminate against another while they openly lie they are for equality feminazi then I feel sorry for you. Because you are defending scoundrels.

        • Any Man who dares to speak up is a “misogynist”.  You know this!

          • Anonymous

            Any man that is blaming women because of their inadequacies, such as they can’t protect territory…

            Oh lordy I will stop right now. Stephanie why is your link a facebook page to a man/troll?

      • and yet you defend islam.  How uneducated can you possibly show yourself to be?

        p.s. Don’t try and tell me you don’t defend islam because you do.  Anyone who says it’s not a threat is defending it.

        • Anonymous

          Huh? I obviously defend Islam. I came close to converting. Were my statements misleading or somehow covert? There is a purity and sense of devotion found in Islam which is rare.

          Ever wonder why there are no American suicide bombers? It isn’t because Americans are too nice to do such a thing, it is because they fear death. Whereas Muslims rush to embrace death, why is that? Did you ever actually think about it? No they are not all crazy third world monsters, they actually BELIEVE. Devotion. Trust.

          My gosh, you are good at trolling. I like this site and want to remain here so you will NOT tempt me!

          • Anonymous

            Ever wonder why there are no American suicide bombers?..if you could convince Americans that 77 virgins were their reward in heaven  maybe they would embrace death too.Frankly my dear,they(muslims)are all going straight to hades.

          • Your other post to me doesn’t have a reply option so I’m answering here:

            protect territory – That is your fault.  It is you “women” who will not allow a Man to be a Man.  I dare you to deny this.

            Every time a Man tries to be a Man, he is INSTANTLY shot down by Society as being “sexist”.  That and the fact you “women” DEMAND you be put into every single Manly Position in existence.  (“woman” sued to get into Citadel and won thereby DESTROYING Hundreds Year Old Tradition because she just had to be a “man”)…and then promptly flunked out because….she couldn’t keep up.

            inadequacies/inabilities – That would be you “women” who is inadequate and unable.  This is a Fact.

            I see no women fighting against Affirmative Action and Set-Asides except me and maybe a few other Ladies but other than that, you women are liars, phony, manipulative, sneaky, deceitful and just downright dirty.

            You have the nerve to call yourself Equal yet you do nothing “Equal”.

            Next time you watch some cop show, pay attention.  It ain’t hard to see who it is that does ALL the hard work.

            facebook – What are you talking about?  I’m a Lady.  Are you are a Third World Alien?  You must be for only a Third World Alien wouldn’t know the name of Stephanie of being anything but Female.

            troll – You sound jealous.

          • almost – but didn’t.  If it’s such a “pure” thing, what stopped ya?   Surely being stoned to death for showing ankle skin couldn’t be the problem for that truly is “devotion”.  It takes alot more “devotion” than most everybody else has to do that.  That’s fer sure!

            suicide bombers – Are you really this dense or just this deliberate?  Committing suicide and fighting in a War are on different ends of the spectrum.

            rush and embrace –  Go live there and you will know. An excerpt from an e-mail message between Ali and myself:

            “but the inferiority complex
            consumes every Muslim’s soul and he acts dictatorially no matter at what level of the society he is positioned.  He seeks power, recognition and respect.  He needs to demonstrate himself and prove to the world that he is somebody.  He is conscious of his own devalued self hood.  He starves for recognition and dreads being ignored.  He feels abandoned, humiliated and victimized and hence he seeks revenge.  This too was echoed by Dr. Mahathir, who called upon the Muslims to acquire “guns and rockets, bombs and warplanes, tanks and warships” to get their rights from their “detractors and enemies”.These are words of a man hailed as a “moderate Muslim”.  Dr. Mahathir did not disagree with the Muslim terrorists in principle.  he argued that the time for jihad has not yet come.  This is the difference between “moderate Muslims” and extremist Muslims.  It’s all in the timing of jihad.”In short, this is why muslims are so willing to die.Are you interested in an easy $50,000.00?  Go to http://www.faithfreedom.org and debate Ali Sina.  If you can debunk him, he will pay you $50,000.00.  This should be real easy ’cause all you have to do is be right.  When you’ve that $50k from Ali, come back and let me know and then I too will agree with ya.  Okay?troll – You have inferiority complex don’t you?  I’ve been posting here long, long, long before you.  Now, if you can’t handle debate, don’t respond to my responses to you then.

          • disprove my charges against Muhammad logically. Not only will I remove the site, I will publicly announce that Islam is a true religion. I will also pay
            $50,000 U.S. dollars – Ali Sina  www.faithfreedom.org

          • Somehow, my post is gone.  Since I see no Moderator stepping in, I assume it was my fault and for shame too ’cause it was good one but nonetheless, I shall try to reconstruct:

            came close – but didn’t. 
            Why is that?  Surely it can’t be
            for the Stoning one gets for daring to allow a little ankle skin to show.

            Misleading/covert – Yes, they were and are.  You write, you are ‘not afraid of muslims standing
            on corners’ and I took this to mean, you don’t worry about islam which tells
            me, you not only defend it but support it be it conscious or subconscious, you
            do it via not calling it a threat.

            Purity – Where?  There
            is no “purity” to be found in cutting off limbs because a hungry person dared
            to steal a piece of bread.

            Devotion – Oh Indeed! 
            It does take a GREAT amount of “devotion” to pick up that stone and
            throw it at someone’s head in pursuit of actually hurting that person.  (the condemned are BURIED in the ground up to
            their shoulders, ARMS IN THE GROUND, and are covered so the people don’t have
            to Witness what they’re doing).  It also
            takes a GREAT amount of “devotion” to allow and watch a homosexual be hanged,
            not our way but rather, by lifting them up so as to cause as much pain for as
            long is possible.

            You know not of what you speak little one.  I mean no harm by that.  You are like a little child to me and I want
            to teach you.

            Suicide bombers – Committing Suicide and Fighting in a War are entirely on the different ends of the spectrum.

            Fear death – No, they don’t. 
            It is BECAUSE Americans Do Not Fear Death is why “We” have The Greatest
            Military in Existence.  And Always Had
            too.  Deny that one!

            Rush and embrace – an Excerpt from an e-mail conversation between
            Ali Sina and myself:

            “the inferiority complex consumes every Muslim’s soul and he
            acts dictatorially no matter at what level of the society he is positioned. He
            seeks power, recognition and respect. He needs to demonstrate himself and prove
            to the world that he is somebody. He is conscious of his own devalued selfhood.
            He starves for recognition and dreads being ignored. He feels abandoned,
            humiliated and victimized and hence he seeks revenge. This too was echoed by
            Dr. Mahathir, who called upon the Muslims to acquire “guns and rockets,
            bombs and warplanes, tanks and warships” to get their rights from their
            “detractors and enemies”. 

            These are the words of a man hailed as a “moderate
            Muslim.” Dr. Mahathir did not disagree with the Muslim terrorists in
            principle. He argued that the time for jihad has not yet come. This is the
            difference between “moderate Muslims” and extremist Muslims. It’s all
            in the timing of jihad.” – NOTE: right before this excerpt, he speaks of Women’s
            Worth aka NONE and how that is passed onto the Men and he’s right.

            This, in great part, in my humble opinion, explains their “rush”
            and “embrace”.

            Third world monsters – No, I wouldn’t say that.  I say they need to have the Choice to have it or
            not.  Those who choose it must be dealt
            with.  Those who favor islam shall be
            left alone to be left alone with their fellow muslims.  I mean, we all just need to go our own separate ways
            now.

            BELIEVE/TRUST – Yes, they “believe” every single last person
            on Earth needs to be converted, pay a “tax” or be MURDERED and yes, they “trust”
            in that too.Afterlife – What’s that?  Your allah and muhumud or My Beloved Jehovah and Jesus?

          • Anonymous

            Stephanie Galonska wrote: came close – but didn’t. Why is that?  Surely it can’t be for the Stoning one gets for daring to allow a little ankle skin to show.

            I lost this thread and just found it again. I didn’t convert because in the end I didn’t see the point, what would be the purpose of converting to an organized religion if one does not want to follow a bunch of non-mandatory but customary practices, or if one doesn’t have the desire to commune with other followers for support or social reasons.

            As far as the stoning laws, I live in Georgia, stoning is not a legal form of punishment here. If one visits a strict Muslim country you need to abide by their laws whether you are male or female, Muslim or other. If you don’t like their laws or can’t control yourself it is best not to go there.

        • Anonymous

          Okay so I followed the links. Very well produced videos, plus you are a good speaker. Love the zombie theme.

          A bit of advice, drop your voice. You speak well but your voice is (I do not mean to be harsh, just honest) whiny. Drop the tone and stop the “up talk”. Listen to a few Jared Taylor recordings and mimic. Drop your voice and speak slower.

          • You’re making a bunch of lazy and nonsensical excuses.  The probable fact is, not only are you very muslim like dishonest but you don’t quite have the “devotion” to allow yourself to be trapped by a bunch of muslims who will undoubtedly, rape and kill you at some point in your muslim life.  That is why you wouldn’t convert and you know it.

            stoning and georgia – No worries.  It will be there soon.  You live with your head buried in the sand you poor little thing you.

            By the way, you want to explain how and why it is that if “honor killings” are so illegal in Georgia then, why, why do those ever so “enlightened”, “tolerant” and “peaceful” muslims do it?  They’ve done it in Georgia not to mention numerous other States. 

      • Anonymous

        feminazis are women?……Islam is a gutter religion..Mohammed the Prophet was married to a nine year old..need i say more.

        • Anonymous

          He married that girl when she was six…but didn’t consummate the marriage until she was nine. 

          (Still doesn’t make it okay, I know.)

      • Anonymous

        I did at one time and got kicked off SF for not being white enough, too pro-Israel.  Something about a few million Jews being a greater threat than a 1 1/2 billion Muslims.

        Anyway, why do think I hate women? My point is I don’t want to see any women mistreated. And I certainly don’t want to see the abuse of women legalized under Sharia law.

        The problem I have with Feminazis is, if I say hi to a women, then I must be some kind of sexual predator.  But when Billy Bob Clinton, just to name one example, uses his power of office to sexual assault women and those same Feminazis rush to this defense, I have a problem the that. Can you say hypocrites, Sonya610?

      • John Bonham

        Sorry dear,  you obviously didn’t understand what Hoosier was saying.. I advise you to read it over and over again if needed…
        He was pointing out what the U.S. Circuit Court of Appeals did with the ruling and how Muslims treat their women..

  • Actually, it’s Illegal for America to consider ANY Foreign Law or “religion” as they clearly are not American.

    It seems this should be nothing more than just plain ‘ole common sense.

  • Anonymous

    A good site to learn more about the threat of  Islam is Pamela Gellers site Atlas Shrugs..One of her better articles was titled ‘Muslims Yes,Christians No’. I was shocked to learn that the UN picks and chooses who is allowed to come to America under refugee status which is supposed to be reserved for those who face persecution in their home countries..The UN picks Muslims to emigrate to U.S. exclusively while denying Christians who are really persecuted in those muslim countries,refugee status.Have you ever heard once Obama say that Christians need to be protected in those countries that persecute and commit genocide against Christians? Odingo,obamas cousin has a policy of genocide against Christians in Kenya and he gives his approval by supporting his cousins political ambitions. 

  • Anonymous

    What a culture! In a few short years they’ve come from riding camels and trading rocks in the desert to demanding that OUR country follow their inhumane laws. Can’t beat that, can you? Between the M&M’s, don’t know who’s going to get us first.

  • Anonymous

    WHITE 14 YR OLD GIRL SPIT ON ATTACKED BY BLACKS ON TRAIN GRAPHIC FOOTAGE BELOW
    http://www.youtube.com/watch?v=o82cYaQok6E

  • Anonymous

    This is what Oklahoma is trying to prevent.

    “A New Jersey family court judge’s decision not to grant a restraining
    order to a woman who was sexually abused by her Moroccan husband and
    forced repeatedly to have sex with him is sounding the alarm for
    advocates of laws designed to ban Shariah in America.
     

    Judge Joseph Charles, in denying the restraining order to the woman
    after her divorce, ruled that her ex-husband felt he had behaved
    according to his Muslim beliefs — and that he did not have “criminal
    desire to or intent to sexually assault” his wife.”

    Read more: http://nation.foxnews.com/justice/2010/08/06/sharia-law-comes-new-jersey#ixzz1jHgbr7g3

  • B

    What about the separation of church and state? Religious
    law is absolutely irrelevant to civil or criminal state trials. Oklahoma should
    have never even tried to pass such idiotic legislation in the first place. Rather they should just
    fire any judge who bases their decisions on anything other than state or federal
    laws.

  • NAVY

    Muslims and Americans could never coexist because Islam is opposed to America’s core values and beliefs.
    Sharia law is  designed  not  to  conform to any countries, let alone America’s changing values and standards because to muslims, sharia law is considered inviolate.

    The following points show how Sharia Law rejects the fundemental premises of American society by diametrically opposing American values such as:

    1.) The bedrock proposition that the governed have a right to make law for themselves.

    2.) the republican democracy governed by the Constitution.

    3.) freedom of conscience; individual liberty

    4.) freedom of expression (including the liberty of analyze and criticize sharia.)

    5.) economc liberty (including private property)

    6.) equal treatment under the law

    7.) freedom from cruel and unusual punishments; and equivocal condemnation of Islam.

    8.) an abiding commitment to resolve political controversies by the ordinary mechanisms of federalism and democracy, not wanton violence.

    As we speak, Muslim defectors and illegals are pursuaded by big goverment to exploit the laws that govern a free society.