OKLAHOMA CITY, Oklahoma - November 3, 2010 - Oklahoma on Tuesday approved a ballot measure blocking judges from considering Islamic or international law when making a ruling.
Nearly 70% of voters in the state cast ballots approving the measure.
The proposition’s sponsor, Republican Rex Duncan, told reporters Tuesday that the proposition is a “preemptive strike” against judges who he worries could be “legislating from the bench or using international law or Sharia law.”
Opponents of the measure pointed out that the First Amendment bars Congress from make any law respecting the establishment of religion.
The proposition also faced criticism from Muslim leaders who have said they intend to challenge it in court.
Ed. Note: This is not a First Amendment issue. Oklahoma has simply prohibited its judges from using non-Oklahoma law (Sharia) in determining their rulings. The state legislature possesses this authority over the state’s judges.