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View Diary: 10th Circuit Court shoots down Oklahoma anti-Sharia law as unconstitutional (110 comments)

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  •  I Am Not A Lawyer (2+ / 0-)
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    enhydra lutris, Eric Nelson

    But it looks like the rejection went like this:
    Since the law is singling out an individual religion (by naming Shariah law and not Biblical law or other bodies of religious law), it must pass strict scrutiny.

    Without any actual cases of Shariah law being referred to, there's no "compelling government interest," so they can strike it down out of hand.

    In other words, the government would need a damned good reason to single out Islam like that and they were nowhere near reaching that hurdle.

    •  Personally, I think this law fails (1+ / 0-)
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      purely on a commonsense idiot test basis. What next, laws against man-goat marriage and saying mean things about Ronald Reagan?

      "Liberty without virtue would be no blessing to us" - Benjamin Rush, 1777

      by kovie on Tue Jan 10, 2012 at 02:53:31 PM PST

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