View Poll Results: Is Oklahoma Sharia Ban Constitutional?

Voters
33. You may not vote on this poll
  • Yes

    17 51.52%
  • No, It's against the First Amendment of our Constitution

    9 27.27%
  • Other

    7 21.21%
Page 4 of 10 FirstFirst ... 23456 ... LastLast
Results 31 to 40 of 100

Thread: Is Oklahoma Sharia Ban Constitutional?

  1. #31
    Sage
    VanceMack's Avatar
    Join Date
    Feb 2010
    Last Seen
    Today @ 12:12 AM
    Gender
    Lean
    Independent
    Posts
    54,728

    Re: Is Oklahoma Sharia Ban Constitutional?

    Quote Originally Posted by Kandahar View Post
    Well, I certainly wouldn't advise him to have such a vague passage in his will. Nevertheless, people do it all the time, and the courts generally try to figure out the person's intent as best they can. A state law that specifically singled out sharia for different treatment than other similarly vaguely-worded wills seems like religious discrimination to me.
    The only way it would not allow the execution of the will is if it contradicted state law...IE...allows for transfer of property and income without going through the taxation process. Hell...people have left entire estates to animals and the courts dont block it. Nothing prevents the free practice of religion...until of course the free practice of said religion starts to allow for honor killings...beheadings...etc. Of course...such practices would never be allowed in civilized countries...

  2. #32
    Enemy Combatant
    Kandahar's Avatar
    Join Date
    Jul 2005
    Location
    Washington, DC
    Last Seen
    10-15-13 @ 08:47 PM
    Gender
    Lean
    Liberal
    Posts
    20,688

    Re: Is Oklahoma Sharia Ban Constitutional?

    Quote Originally Posted by American View Post
    How much **** do you want to protect under the 1st Amendment? Everything? This is about property, and we have laws on the books about how that happens. Sharia Law has not been passed by a legislative body in the US, so how is IT Constitutional? Please explain.
    People have the right to specify in their wills where there property goes, and courts try to figure it out as best they can. For example, I could write in my will to divide it in accordance with the Canon law of the Catholic Church, or in accordance with the neutral arbitration of Judge Smith, or in accordance with the charter of my foundation. Assuming the courts could figure out my wishes, they would do so.

    To treat "in accordance with sharia law" as different than those other things would seem to be blatant religious discrimination.
    Are you coming to bed?
    I can't. This is important.
    What?
    Someone is WRONG on the internet! -XKCD

  3. #33
    Enemy Combatant
    Kandahar's Avatar
    Join Date
    Jul 2005
    Location
    Washington, DC
    Last Seen
    10-15-13 @ 08:47 PM
    Gender
    Lean
    Liberal
    Posts
    20,688

    Re: Is Oklahoma Sharia Ban Constitutional?

    Quote Originally Posted by VanceMack View Post
    The only way it would not allow the execution of the will is if it contradicted state law...IE...allows for transfer of property and income without going through the taxation process. Hell...people have left entire estates to animals and the courts dont block it. Nothing prevents the free practice of religion...until of course the free practice of said religion starts to allow for honor killings...beheadings...etc. Of course...such practices would never be allowed in civilized countries...
    I agree, it's never been blocked before, as long as everything is legal. But that's what this lawsuit is alleging; this new law WOULD prohibit the courts from following his wishes, point blank, regardless of the legality. If that is the case, the law would violate his freedom of religion.
    Are you coming to bed?
    I can't. This is important.
    What?
    Someone is WRONG on the internet! -XKCD

  4. #34
    Sage
    VanceMack's Avatar
    Join Date
    Feb 2010
    Last Seen
    Today @ 12:12 AM
    Gender
    Lean
    Independent
    Posts
    54,728

    Re: Is Oklahoma Sharia Ban Constitutional?

    Quote Originally Posted by Kandahar View Post
    I agree, it's never been blocked before, as long as everything is legal. But that's what this lawsuit is alleging; this new law WOULD prohibit the courts from following his wishes, point blank, regardless of the legality. If that is the case, the law would violate his freedom of religion.
    Why do you think it would prohibit the court from following the individuals request? What specific provisions of Sharia would be in conflict with the law of the land?

  5. #35
    User deb's Avatar
    Join Date
    May 2010
    Last Seen
    11-23-10 @ 12:26 PM
    Lean
    Independent
    Posts
    13

    Re: Is Oklahoma Sharia Ban Constitutional?

    Yes, the ban is constitutional.

    All people are bound by the laws that are passed - white, black, Christian, Jew, Islam.

    If portions of Sharia law become the law of the land, everyone would be subject to those laws. The legal system is supposed to be applied to all persons, and there are no special provisions for one religion or another.

    I personally don't want to be governed by Sharia law - do you?

  6. #36
    Filmmaker Lawyer Patriot
    Harshaw's Avatar
    Join Date
    Oct 2005
    Last Seen
    Yesterday @ 07:23 PM
    Lean
    Libertarian - Right
    Posts
    29,607

    Re: Is Oklahoma Sharia Ban Constitutional?

    Quote Originally Posted by Kandahar View Post
    People have the right to specify in their wills where there property goes, and courts try to figure it out as best they can. For example, I could write in my will to divide it in accordance with the Canon law of the Catholic Church, or in accordance with the neutral arbitration of Judge Smith, or in accordance with the charter of my foundation. Assuming the courts could figure out my wishes, they would do so.

    To treat "in accordance with sharia law" as different than those other things would seem to be blatant religious discrimination.
    The law, as written, would not do that.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  7. #37
    free market communist
    Gardener's Avatar
    Join Date
    Sep 2005
    Last Seen
    09-30-17 @ 12:27 PM
    Lean
    Undisclosed
    Posts
    26,661

    Re: Is Oklahoma Sharia Ban Constitutional?

    Quote Originally Posted by VanceMack View Post
    What specific provisions of Sharia would be in conflict with the law of the land?
    Equal protection under the law.

    Are you really unaware that women's testimony is not worth that of a man under sharia?
    "you're better off on Stormfront discussing how evil brown men are taking innocent white flowers." Infinite Chaos

  8. #38
    Filmmaker Lawyer Patriot
    Harshaw's Avatar
    Join Date
    Oct 2005
    Last Seen
    Yesterday @ 07:23 PM
    Lean
    Libertarian - Right
    Posts
    29,607

    Re: Is Oklahoma Sharia Ban Constitutional?

    Quote Originally Posted by Kandahar View Post
    I agree, it's never been blocked before, as long as everything is legal. But that's what this lawsuit is alleging; this new law WOULD prohibit the courts from following his wishes, point blank, regardless of the legality. If that is the case, the law would violate his freedom of religion.
    If his will doesn't follow the correct forms, then his estate will be distributed according to probate law, just like any other ineffective will would be. That doesn't violate his religious freedom.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  9. #39
    Banned Goobieman's Avatar
    Join Date
    Feb 2006
    Last Seen
    03-22-15 @ 02:36 PM
    Gender
    Lean
    Very Conservative
    Posts
    17,343

    Re: Is Oklahoma Sharia Ban Constitutional?

    Quote Originally Posted by VanceMack View Post
    What specific provisions of Sharia would be in conflict with the law of the land?
    Its law based on religion -- thus, all of it.

  10. #40
    Guru
    Morality Games's Avatar
    Join Date
    Jul 2009
    Location
    Iowa
    Last Seen
    05-24-16 @ 10:00 AM
    Gender
    Lean
    Centrist
    Posts
    3,733

    Re: Is Oklahoma Sharia Ban Constitutional?

    Quote Originally Posted by Harshaw View Post
    If his will doesn't follow the correct forms, then his estate will be distributed according to probate law, just like any other ineffective will would be. That doesn't violate his religious freedom.
    Specifying a form that contradicts his religion would be a violation of the 14th Amendment. Unless it involved killing someone or stealing or something.
    If you notice something good in yourself, give credit to God, not to yourself, but be certain the evil you commit is always your own and yours to acknowledge.

    St. Benedict

Page 4 of 10 FirstFirst ... 23456 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •