There wasn't room on the billboard to explain how.
Oklahoma proves that the primary motivating force for Republicans in political life is fear. Last year, voters in that state passed a ballot measure that banned state courts from considering Islamic law, or other international law, when deciding cases. That was blocked by a federal judge for because it violated the establishment clause of the First Amendment.
Well, constitution be damned, the issue is back, now in the state legislature.
Oklahoma Rep. Sally Kern (R) introduced House Bill 1552 this month — a reinvention of SQ 755 that addresses the legal issues holding up SQ 755 by banning the use of all foreign law in Oklahoma courts:
State Rep. Sally Kern, R-Oklahoma City, is the author of House Bill 1552, which would ban the use of foreign law in Oklahoma courts. It declares that any court action will be “void and unenforceable” if the decision is based “on any law, rule, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Oklahoma Constitutions.”
Kern said the bill is similar to SQ 755, and is written to address some of the legal issues used to challenge it.
To address one of them, HB 1552 declares “The Legislature fully recognizes the right to contract freely under the laws of this state, and also recognizes that this right may be reasonably and rationally circumscribed pursuant to the state’s interest to protect and promote rights and privileges granted under the United States or Oklahoma Constitutions.”
strong>Kern said the change will prevent activist judges from undermining the rights of American citizens. She noted that similar proposals have been filed in at least 20 other states.
Kern’s bill still violates the free exercise and establishment clauses of the First Amendment — the violation that compelled a federal judge to block SQ 755 in the first place. CAIR-OK Director Muneer Awad notes that "in an attempt to target Islam without using the wording" of SQ 755, HB 1552 "will actually target all religions" by denying "people the use of Jewish Law, Catholic Law, or any other religious law" in private contracts "while also jeopardizing international business contracts that include forms of arbitration, choice of law clauses, or foreign law clauses" — just like SQ 755. Indeed, SQ 755 is so poorly written that would ban the long-standing rights and sovereignty of Native Americans.
Of course, supporters of the ban haven't been able to statutorily cite a case in which Oklahoma courts have applied Sharia law in any ruling. Undeterred, Kern will let stupidity and fear reign. And will ignore inconvenient facts like how bans on gay marriage and abortion are awfully Sharia-like. Maybe Sharia is creeping into America, after all.