Bill Mears
CNN
11/29/2010
Washington (CNN) — A federal judge in Oklahoma has issued an order putting on hold the certification of a ballot measure that forbids state courts from considering or using international laws, as well as Sharia, or Islamic law. That permanent injunction will allow the judge more time to consider the constitutional issues raised by State Question 755, which was approved by voters earlier this month.
Judge Vicki Miles-LaGrange had earlier issued a temporary restraining order in favor of the Council of American-Islamic Relations (CAIR), which had sued to nullify the law completely.
“While the public has an interest in the will of the voters being carried out,” wrote the judge in Monday’s order, “the court finds that the public has a more profound and long-term interest in upholding an individual’s constitutional rights.”
The language of her 15-page order indicated Miles-LaGrange has initial doubts about the constitutionality of the ballot measure. She said the case goes “to the very foundation of our country, our Constitution, and particularly the Bill of Rights. Throughout the course of our country’s history, the will of the ‘majority’ has on occasion conflicted with the constitutional rights of individuals.”
The amendment would require Oklahoma courts to “rely on federal and state law when deciding cases” and “forbids courts from considering or using” either international law or Islamic religious law, known as Sharia, which the amendment defined as being based on the Quran and the teachings of the Prophet Mohammed.
The article continues at CNN.com