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Court Upholds Ruling Blocking Oklahoma Sharia and International Law Ban

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posted on Jan, 10 2012 @ 05:33 PM
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No comment...reserved.

The proposed constitutional amendment also would have barred state courts from applying or considering “Sharia law” and “international law.”

Source / Alternative source

DENVER, CO – A federal appeals court today unanimously upheld a ruling that blocked implementation of a discriminatory and unnecessary Oklahoma state constitutional amendment that would have prohibited state courts from considering what is broadly described as Islamic “Sharia law” and “international law.”

The court concluded that by singling out Islam for unfavorable treatment in state courts, the law likely violates the Establishment Clause of the First Amendment. The court rejected the state’s argument that the constitutional amendment was necessary to protect against improper application of Sharia law, explaining:


ACLU conclusion:

( Same source )

“Attempts to paint international law as irrelevant to the American legal system are wrong-headed and dangerous,” said Chandra Bhatnagar, senior attorney with the ACLU Human Rights Program. “Preventing courts from considering international or foreign law violates our Constitution and undermines the ability of courts to interpret laws and treaties regarding global business, international human rights and even family law issues including international marriage and adoption. For U.S. Global Leadership to be taken seriously, courts must be able to honor international commitments consistent with our constitutional values.”

edit on 10-1-2012 by Daedal because: Edit




posted on Jan, 10 2012 @ 05:40 PM
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So does this ruling apply to all religious groups who go before the courts and want to conclude an argument based from there religious beliefs, and the courts have to comply?




edit on 10-1-2012 by Daedal because: (no reason given)



posted on Jan, 10 2012 @ 06:00 PM
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reply to post by Daedal
 


This sucks, I smell a major revolt a commin. Im serious They cannot inforce theri foreign religous laws on us ameri9cans we already have our laws, this is bllshtz. What is TPTB trying ot ignite a civil war? how cna we americans not think this isnt a setup against our rights? look at the government most us here know it is american and israel government who are starting and flamming the riots in like Libya when they were rioting, Greece, who is it know they are getting ready to indorse the civillians to riot the syrians? this is foul play and I will pick up arms for this one. Islam infiltrated many countries and poor europe is so close to near complete overtaking of them, we dotn need this america, really this is real bad. and i honestly dont understand hwo they can change our laws into a religous laws, im confused and pizzzd



posted on Jan, 10 2012 @ 06:01 PM
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reply to post by Daedal
 


application or use of sharia law by a court
would violate separation of church and state anyway

no different than to rule using quaker or mormon law

sharia won't be getting any toeholds in the US legal system any time soon



posted on Jan, 10 2012 @ 06:05 PM
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why do people go to the effort of fighting against something that's never going to happen?



posted on Jan, 10 2012 @ 06:09 PM
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This is garbage. First because a state constitution can not overturned by the feds unless it violates the constitution. Secondly a state does not make treaties with foreign powers so using that as an excuse to block this law is a joke.



posted on Jan, 10 2012 @ 06:13 PM
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Originally posted by DerepentLEstranger
reply to post by Daedal
 


application or use of sharia law by a court
would violate separation of church and state anyway

no different than to rule using quaker or mormon law

sharia won't be getting any toeholds in the US legal system any time soon


Yeah it would...but according to the article sharia law and international law can now be considered, where does international law apply in U.S. code?



posted on Jan, 10 2012 @ 06:21 PM
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>reply to post by Daedal
 


my husband just helped me understand this and i change my reply to "Go AMerican Justice System" save america save our freedoms, sorry for the misunderstandign reply



posted on Jan, 10 2012 @ 06:22 PM
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Originally posted by Daedal

Originally posted by DerepentLEstranger
reply to post by Daedal
 


application or use of sharia law by a court
would violate separation of church and state anyway

no different than to rule using quaker or mormon law

sharia won't be getting any toeholds in the US legal system any time soon


Yeah it would...but according to the article sharia law and international law can now be considered, where does international law apply in U.S. code?


O gosh im confused, so the law is allowing sharia law to be consideried in the courts decisions?



posted on Jan, 10 2012 @ 06:22 PM
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reply to post by lbndhr
 


You've got to be kidding.

Why do people promote xenophobic freedom on ATS? I thought this site was about DENYING such ignorance?

Oklahoma should focus on jobs, the economy and infrastructure, not frivolous laws like this. Such a law promotes bigotry as well.

Keep ALL religions out of our laws!



posted on Jan, 10 2012 @ 06:26 PM
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reply to post by The Sword
 


Well if you can be so inclined as to help me, I would be much obliged. Does international law have any standing in U.S. code?

This issue was before the courts, I am not highlighting or being xenophobic towards anyone or anything. Why would you assert this? Why not simply state an opinion on the OP instead of berating. Do you have a phobia of xenophobics? Why can't people talk about this without someone alluding to their own anxieties and bashing those who want to speak about it.

Freedom of Speech...DENY ignorance.

On the other hand, I do agree there are more important issues to be considered...such as you've highlighted.

Thanks...
edit on 10-1-2012 by Daedal because: Edit



posted on Jan, 10 2012 @ 06:40 PM
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Originally posted by The Sword
reply to post by lbndhr
 


You've got to be kidding.

Why do people promote xenophobic freedom on ATS? I thought this site was about DENYING such ignorance?

Oklahoma should focus on jobs, the economy and infrastructure, not frivolous laws like this. Such a law promotes bigotry as well.

Keep ALL religions out of our laws!


as someone living in oklahoma, i think that is what the state wants...

i grew up right out side of KKK territory (literally) and am impaled by how racist the average citizen here is...
they are worse than the klan IMO... yet none of them are really racist as they have a "black friend"...

i come from the south, i sound a bit southern, yet everyday, I hear, quit talking black...
and the people here speak slowwwwwwwwwwwwwwwwwwwwww....

people here are LITERALLY TERRIFIED that Islamic law is going to take over, you know, because obama is a Muslim from kenya, thats why he is there... to bring islamic law and take our guns...

lol... i hear this stuff everyday... STRANGERS will come up to you talking about it... if glenn beck were to run for governor or something here, he would win by a record margin... lol...

and ohh yea, this is an uppity college town, not a backroad hick town...



posted on Jan, 11 2012 @ 04:51 PM
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The "International Law" thing is code for using Shariah / Islamic International Law.

Use of (Sharia) Islamic International Law is being pushed to set precedent on the Federal level of all Western nations.

Use of civil Sharia Law is being pushed to set precedent on the common law and legislative level in all Western nations.

The main problem with is when a single religion is singled-out. No religions legal framework are acceptable.

All bills should pass through the legislative assembly. Adoption of entire legal frameworks is not a normal use of the legislature and indicates a deep problem in its function.

This is a form of setting up a wedge to drive Islamism, and is being championed by oligarchs to "homeogenize" systems. Precedent based secular systems are an easier nut to crack than the religious zealots, and so they are going to try to use the precedent system as a means of attacking Western secular nations from the top and bottom at the same time.

Fight Back.

One Law.
edit on 2012/1/11 by Aeons because: (no reason given)



posted on Jan, 11 2012 @ 05:07 PM
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reply to post by Aeons
 


Thanks for your opinion...



posted on Jan, 11 2012 @ 08:38 PM
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Just adding source content to further develope the thread with related material and laws existing in other States regarding the OP.

pdf. TN House Bill No. 3768

pdf. LA House Bill No. 785



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