The 10th Circuit Court of Appeals, in a 37 page decision, has upheld a lower court's ruling that Oklahoma’s Sharia ban violated the First Amendment’s Establishment Clause and was therefore unconstitutional.
Appellants do not identify any actual problem the challenged amendment seeks to solve. 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. See Awad, 754 F. Supp. 2d at 1308; Aplt. App. Vol. 1 at 67-68.
Furthermore,
Given the lack of evidence of any concrete problem, any harm Appellants seek to remedy with the proposed amendment is speculative at best and cannot support a compelling interest.15 “To sacrifice First Amendment protections for so speculative a gain is not warranted . . . .” Columbia Broad. Sys., Inc. v. Democratic Nat’l Co., 412 U.S. 94, 127 (1973).
The 10th Circuit is comprised of one George W. Bush appointee, a Carter appointee, and an Obama appointee.
Various Sources:
ACLU: Court Upholds Ruling Blocking Oklahoma Sharia and International Law Ban
Think Progress: BREAKING: 10th Circuit Court Of Appeals Declares Oklahoma’s Sharia Ban Unconstitutional
Link to PDF of decision
Background on Oklahoma's ballot initiative, Question 755″ — or the “Save Our State” constitutional amendment:
Think Progress: Sharia Hysteria Comes To Oklahoma: Voters Approve Sharia Law Ban
The ballot states that Oklahoma courts must “rely on federal and state law when deciding cases” and forbids them from “considering or using international law” and “from considering or using Sharia Law.”
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