View Poll Results: Is Oklahoma Sharia Ban Constitutional?

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  • Yes

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

    9 27.27%
  • Other

    7 21.21%
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Thread: Is Oklahoma Sharia Ban Constitutional?

  1. #1
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    Is Oklahoma Sharia Ban Constitutional?

    Is Oklahoma Sharia Ban Constitutional?

    Yes
    No, It's against the First Amendment of our Constitution
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    CAIR Member Sues Oklahoma Over Sharia Ban | TPMMuckraker


    Days after Oklahoma voters overwhelmingly approved a ballot measure to prohibit its courts from considering Sharia or international law, CAIR's Oklahoma director filed a lawsuit asking for an injunction against the law.

    Muneer Awad, director of the Council on American-Islamic Relations' Oklahoma chapter, filed suit against the Oklahoma Board of Elections in federal court on Thursday. In the suit, he alleges the law both violates the First Amendment and harms his family's ability to carry out his will after he dies.
    ...


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    Re: Is Oklahoma Sharia Ban Constitutional?

    Quote Originally Posted by pbrauer View Post
    Is Oklahoma Sharia Ban Constitutional?

    Yes
    No, It's against the First Amendment of our Constitution
    Other

    CAIR Member Sues Oklahoma Over Sharia Ban | TPMMuckraker
    Don't think so because religion is not supposed to be consulted when implementing a legal issue.

    That whole separation of church and state thing.
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    Re: Is Oklahoma Sharia Ban Constitutional?

    I think Colbert's comments pretty much sum it up:

    This is great news - just because something doesn't exist doesn't mean you shouldn't ban it. That's why I have long fought for ballot measures to ban cat pilots, baby curling, and man-futon marriage. Besides, you can't be too careful, because there are 15,000 Muslims in Oklahoma - a full 4/10 of 1% of their population. Now sure, Oklahoma has a larger population of cows, but I say we keep an eye on them too - just in case any of them are practicing...Mooslims.

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    Re: Is Oklahoma Sharia Ban Constitutional?

    Honestly, the right wing southerners has been reduced to voting on nationalist policies on impulse. In Oklahoma, if you put up a vote forbidding the practice of Islam, it would pass. Any rights that aren't white, Christian, or domestic are pretty much up for vote at this point.

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    Re: Is Oklahoma Sharia Ban Constitutional?

    It’s tyranny of the stupid.
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    Re: Is Oklahoma Sharia Ban Constitutional?

    Quote Originally Posted by CriticalThought View Post
    Honestly, the right wing southerners has been reduced to voting on nationalist policies on impulse.
    Right wing Southerners "has been".....
    Hi, I'm a right-wing Southerner and I can at least use proper grammar.
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    Re: Is Oklahoma Sharia Ban Constitutional?

    I don't know whether it's constitutional without looking at the law, but the idea of it sounds pretty stupid.

  8. #8
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    Re: Is Oklahoma Sharia Ban Constitutional?

    I don't know enough about the details of Oklahoma's law to really have an informed opinion, but it sounds like this guy is suing because he wants his property to be divided in accordance with Sharia law. If the Oklahoma law prohibits him from doing that, then I would say yes, it is a violation of his 1st Amendment rights. A will is a legal contract, so if the courts refuse to consider Sharia law even though that is this guy's clearly expressed intent, then it certainly sounds to me like his rights are being violated.

    But as I said, I don't know all the details of Oklahoma's law. I was under the impression that all it did was ban judges from citing sharia law in their decisions. If that's the case, it's probably passes constitutional muster. Stupid, yes. But nevertheless constitutional.
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    Re: Is Oklahoma Sharia Ban Constitutional?

    Quote Originally Posted by Kandahar View Post
    I don't know enough about the details of Oklahoma's law to really have an informed opinion, but it sounds like this guy is suing because he wants his property to be divided in accordance with Sharia law. If the Oklahoma law prohibits him from doing that, then I would say yes, it is a violation of his 1st Amendment rights. A will is a legal contract, so if the courts refuse to consider Sharia law even though that is this guy's clearly expressed intent, then it certainly sounds to me like his rights are being violated.
    From reading the article, I think all it prevents him from doing is writing in his will "I want my possessions divided up according to sharia law". He can still have them divided up that way, he just has to write down what that explicitly means, and not mention sharia law.

    The law seems very stupid to me. It's pretty common for judges to look at laws outside the US as something to compare to when making decisions. Not allowing them to do so seems to not serve much of a purpose (other than pandering to islamaphobes). On the face of it, it does seem constitutional though.
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  10. #10
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    Re: Is Oklahoma Sharia Ban Constitutional?

    Quote Originally Posted by molten_dragon View Post
    From reading the article, I think all it prevents him from doing is writing in his will "I want my possessions divided up according to sharia law". He can still have them divided up that way, he just has to write down what that explicitly means, and not mention sharia law.
    Yeah but that seems unconstitutional. If it's his property, his will, and the court can figure out his clear intent - but doesn't act on it because he explicitly says "in accordance with the guidance contained in the prophetic teachings of Islam" instead of beating around the bush - I would think that that would be a law abridging on his freedom of religion.
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