READ!: Courts can be tried under Islamic law? US Courts say yes..., page 1
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Topic started on 11-1-2012 @ 03:57 AM by YouAreLiedTo
Washington Post

A proposed constitutional amendment that would ban Oklahoma courts from considering international or Islamic law discriminates against religions, and a Muslim community leader has the right to challenge its constitutionality, a federal appeals court said Tuesday.

The court in Denver upheld U.S. District Judge Vicki Miles-LaGrange’s order blocking implementation of the amendment shortly after it was approved by 70 percent of Oklahoma voters in November 2010.

Muneer Awad, the executive director of the Council on American-Islamic Relations in Oklahoma, sued to block the law from taking effect, arguing that the Save Our State Amendment violated his First Amendment rights.

“This is an important reminder that the Constitution is the last line of defense against a rising tide of anti-Muslim bigotry in our society, and we are pleased that the appeals court recognized that fact,” Awad said. “We are also hopeful that this decision serves as a reminder to politicians wishing to score political points through fear-mongering and bigotry.”

The amendment read, in part: “The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law.”

State Sen. Anthony Sykes, who led the Senate effort to get the measure on the ballot, said Tuesday he would continue to fight to lift the injunction.

“The federal appeals court in Denver attempted to silence the voice of 70 percent of Oklahoma voters,” Sykes said in a statement. “At some point we have to decide whether this is a country of by and for the judges, or of by and for the people. How far will the people let them go? This ruling is right along with legalizing abortion and forced busing of school children.”


Seriously...?

I BETTER be reading something wrong in here.

I didn't go to school for law... please... someone who knows more about this than I do feel free to chime in and tell me that I am wrong.

Question #1)

What the F### does religious or international law serve in our state courts in the first place?

-and-

Question #2)

Why the HELL do courts keep telling states that vote SEVENTY PERCENT to pass a law to piss-off, that their votes don't count anymore.

This is even worse than the federal/state war over medical marijuana...

I can understand the SCOTUS telling Oklahoma to go to hell if they were trying to pass a law that banned the worship of Islam. But that is not what is happening. Oklahoma is simply saying that they only want to use United State and Oklahoma laws in their courts.

------------------------

As far as I can read in any articles I have seen, the amendment would ban all influence of laws (religious or international) outside the state's or federal guidelines.

Is there something wrong with that I am missing?


reply posted on 11-1-2012 @ 07:13 AM by Benevolent Heretic
First of all, HERE is why this is unconstitutional.

The amendment was discriminatory. It calls out a particular religion and discriminates. It's pretty clear.

On 70% of the people voting for this, read my signature link. This is EXACTLY why I don't want Ron Paul to become president. He has a states rights mentality that would leave too many issues to the states and the majority in that state could pass laws to oppress the minority.

Would you be in favor of a state voting to USE Sharia law? What if Michigan voted and 60% of them voted to use Sharia Law instead of Christian Law... Are you going to support that majority? What if your state did it?



reply posted on 11-1-2012 @ 07:41 AM by Kafternin
reply to post by Benevolent Heretic



I heard Newt Gingrich call marriage a Sacrament the other day.
That sounds pretty damn specifically Catholic to me.
So apparently it is no big deal when a Republican Presidential candidate says out loud that his view of marriage laws within the US fall under the scope of it being a Catholic ritual. That was no biggy.


reply posted on 11-1-2012 @ 08:27 AM by Benevolent Heretic
Originally posted by Kafternin
I heard Newt Gingrich call marriage a Sacrament the other day.


And don't forget Ron Paul's
Sanctity of Life Act, which he tries to pass EVERY session, which would DEFINE life as beginning at conception, effectively overturning Roe V Wade. It's God's work.


So apparently it is no big deal when a Republican Presidential candidate says out loud that his view of marriage laws within the US fall under the scope of it being a Catholic ritual.


Of course it's no big deal. Republicans have the people convinced that they want smaller government and more freedoms! (Unless of course we NEED the larger government to impose moral behavior onto the masses and restrict the freedoms of those "lesser" nasty groups we don't like, like Muslims, gays and women...)


reply posted on 11-1-2012 @ 10:42 AM by Sacredsax
reply to post by YouAreLiedTo



Someone correct me if I am wrong, but the sixth article of the U.S Consitution and the 'establishment clause of the Constitution's 1st Amendment already forbids the government from establishing a preference for one religion. Official government endorsement of sharia law, is thus already prohibited. May I add that more than 24 states have considered measures intended to restrict judges from consulting sharia law. In 2009 Mr. Yerushalmi began writing "American Laws for American Courts", a model statute that would prevent state judges from considering foreigh laws or rulings that violate constitutional rights in the United States. This law was intended to appeal not just to the growing anti-shariah movement, but also to a broader constituency that long opposed the influence of foreign laws in the United States. Early versions of the law passed in Tennessee and Louisiana 'Made no mention of shariah - which was necessary to pass muster. So the KEY Phrasing was to not mention or use the word shariah. OBama appointments. Kagan, Pro sharia(for 30 more yrs), David Heyman- asst sec for policy for DHS, and Arif Alikhan (Napolitano appted) a devout Shariah Law Muslim, Other Pro-Shariah Obama appointees include; Dalia Mogahed, Obama’s Muslim advisor who has been a firm defender of CAIR and ISNA. Both of these US groups are tied to the Muslim Brotherhood. Other Pro-Shariah Obama appointees include; Dr. Ahmed Zewali, President’s Council of Advisors on Science and Technology; Arif Alikhan, Assistant Secretary for Policy Development; Kareem Shora, Homeland Security Advisory Board; Harold Koh, nominee as Legal Adviser of the State Department; Dr. Vali Nasr was appointed to co-direct Obama’s foreign policy toward Afghanistan and Pakistan. There is no doubt, in fact, proof abounds there is a very soft and sometimes aggresive push for shariah law to be the norm, we need only look across the pond to see it;s results. The only thing I can add is aggressive phone and letters to any and all your representatives that help gaurd (and some of those that chip away at it as well) Our Constitution. Lastly, may I encourage you to visit Conservative Action Alerts. They have a pre-made letter that will automatically send a letter to all your representatives that will support the cause and sanctity of the intent our forefathers had. If I may add Mr. Franklins response to a question posed to him, Mam, I have given you a republic, if you can keep it. There has been and continues today small and large attacks and chipping away at what we were given. It defines who we are and what we represent, and a breakaway from a King that lived by laws that kept it's people in serfdom, which in my opinion is the very act that is being reenacted by many that 'seemingly' act in office or not,,, for our good. As we are aware, their fruit, or what they produce is proof of their intent, to bring us down, one chip at a time. I salute you all that are present or past members of our military and police that do in fact or have in fact protected with all they had the security and preservation of Our Constitution. The very model every government looks to as a guide to better their country where ever they may be. Obviously, there are countries that are very much dictatorial, Oligarchical, or Monarchical. The Last of which I fear is being invoked by our current President. So as my first reply, as a fellow member of our armed forces, I beseech you, regardless of any prerequisites, in what ever manner you can, to stand against those, that have predisposed, exclusive, maniacal, or malicious intent, that in any way stands against Our Constitution, and Our Declaration of Independence. Sadly I admit there are those that are wolf's in sheeps clothing that portend to declare their Oath To The Constitution when in fact conspire to deceive, harm, and undo what our forefathers even died for, to give us. If you think not, then start please with a read the Conressional Record, Proceedings and debate of the 83d Congress, Second Session, Speech of Hon. Usher L. Burdick of North Dakota, in The House Of Representative. Wednesday, April 28, 1954. Special Thanks to American Deception and Liberty Gun Rights. I digress, though remain vigilante, and continue my hunt for the theatrics of Soros and friends. Godspeed, and may Godbless, now I go to bless God.


reply posted on 11-1-2012 @ 11:00 AM by ldyserenity
reply to post by YouAreLiedTo



Do these NOOBS not understand seperation of church and state?
IDOTA GAVRONE ESTUPIDA!!!


reply posted on 11-1-2012 @ 11:04 AM by Kafternin
Originally posted by ldyserenity
reply to
post by YouAreLiedTo



Do these NOOBS not understand seperation of church and state?
IDOTA GAVRONE ESTUPIDA!!!


OK, educate me, please. I would like to understand what you see and how it applies.
Thank you!


reply posted on 11-1-2012 @ 11:09 AM by woodwardjnr
We have this too in the UK, we also have Beth Dim courts for Jewish people. I think the US has them too.
en.wikipedia.org...
The Beth Din of America is a Beth Din (Court of Jewish Law) which serves Jews throughout the United States of America.
It was founded in 1960 and reconstituted in 1994.[1] The focus of Beth Din of America is on areas of family law, Jewish divorce and personal status, as well as adjudication of financial disputes. The Beth Din is affiliated with the Rabbinical Council of America (RCA) and is sponsored by the Union of Orthodox Jewish Congregations of America.[2]


These things basically make it easier for those of religious faith to sort out arbitrary issues, like family relationship and financial disputes.

As an atheist I can't say I like the idea of religions having seperate courts, but seeing it has little to no effect on my life and probably makes life easier all round for those involved.
edit on 11-1-2012 by woodwardjnr because: (no reason given)



reply posted on 11-1-2012 @ 11:13 AM by Benevolent Heretic
reply to post by Kafternin



You don't have to find it for me. I've been on this site for a few years. I know how twisted and lacking some people's understanding of the law is. I've learned to not be surprised at some of the conclusions people make...
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