Muslims in Oklahoma are pissed, and are going to fight the law. But that doesn't matter. The bill, as proposed in Oklahoma is blatantly unconstitutional. Let me explain:OKLAHOMA CITY -- Last year Oklahoma voters passed a State Question that blocked any use of Islamic or Sharia law in Oklahoma courts. State Question 755 was ruled unconstitutional and unnecessary by the US District Court.
But now a new effort to prevent state courts in Oklahoma from using foreign law is underway and this time, an effort is forming to fight it.
1) The wording of the bill, in it's present form, would exclude ALL religious law from being followed. That means Jewish, Catholic, and Protestant too. Many, many contracts are made which some of the terms are guided by religious law. All these contracts would become null and void, which means that the First Amendment rights of people of ALL religions would be violated, per the establishment clause.
2) OK, so remove the provisions that apply to all religions, other than Islam, and the law apply to Islam only. Cool? Nope. That isn't cool either, as this would be favor the establishment of some religions over others, which also violates the First Amendment.
3) But, if we allow Sharia law, wouldn't Muslims begin stoning to death adulterers, and those who speak out against Islam? Of course not. There are already laws against that. Let me add that Jews practice Jewish law extensively, and you don't see Jews holding public executions of people who violate God's law, do you? Of course not.
This is why the bill moving through Oklahoma is nothing but a bugagoo, based on nothing but fear tactics. Reasonable people can allow the laws of the various religions to have an impact on the daily lives of those who follow those religions, just as long as it is Constitutional. That, my friends, is the key to the whole thing. As Thomas Jefferson once said:
In the spirit of Jefferson, let us all pray that the people in Oklahoma put down their pitch forks.Where the preamble declares, that coercion is a departure from the plan of the holy author of our religion, an amendment was proposed by inserting "Jesus Christ," so that it would read "A departure from the plan of Jesus Christ, the holy author of our religion;" the insertion was rejected by the great majority, in proof that they meant to comprehend, within the mantle of its protection, the Jew and the Gentile, the Christian and Mohammedan, the Hindoo and Infidel of every denomination.
Article is here.