10th Circuit Says Oklahoma’s Anti-Sharia Law Un-Constitutional

The U S 10th Circuit Court of Appeals has upheld a ruling by U S District Court Judge Vicki Miles-LeGrange that Oklahoma State Question 755, passed on November 2, 2010, is unconstitutional. The State Question was passed by 70% of the voters of the State of Oklahoma to ban the use of Shari Law, International Law, or the laws of any foreign country in the state.

The Council on American Islamic Relations (CAIR) filed a lawsuit saying the question discriminated against Muslims in Oklahoma. In the original filing, CAIR’s Oklahoma director called the bill a case of “anti-Muslim bigotry”.

“This is an important reminder that the Constitution is the last line of defense against a rising tide of anti-Muslim bigotry in our society, and we are pleased that the appeals court recognized that fact,” said Muneer Awad. “We are also hopeful that this decision serves as a reminder to politicians wishing to score political points through fear-mongering and bigotry.”

The 10th Circuit agreed with Judge Miles-LeGrange and upheld her ruling in an opinion released on January 10, 2012.

Oklahoma Attorney General Scott Pruitt said that states have the right to establish their own court systems and have a say in which sets of laws are followed.

“With the decision by the U.S. 10th Circuit Court of Appeals to uphold a temporary stay of State Question 755, the case will return to the U.S. District Court for the Western District of Oklahoma to determine its constitutionality,” Attorney General Scott Pruitt said. “My office will continue to defend the state in this matter and proceed with the merits of the case.”