10th Circuit Blocks Oklahama Ban on Sharia Law
Voters in Oklahoma approved a ban of Sharia law that said:
State courts "shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia Law."
The Council on American-Islamic Relations sued.
"Given the lack of evidence of any concrete problem, any harm seek to remedy with the proposed amendment is speculative at best," the three-judge panel of the 10th Circuit Court of Appeals wrote. "Delayed implementation of a measure that does not appear to address any immediate problem will generally not cause material harm, even if the measure were eventually found to be constitutional and enforceable."
The Court also found CAIR had standing to challenge the law under the Establishment Clause of the Constitution, despite the fact that the law had not taken effect at the time he filed his complaint.
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