As reported in the news feed on Tuesday night, a federal judge has voided Oklahoma’s constitutional amendment banning any implementation of sharia within the state.
The result was entirely expected, since the Oklahoma amendment explicitly mentioned sharia, which meant it was bound to be overruled under the provisions of the U.S. Constitution. This despite the fact that 70% of Oklahoma’s voted in favor of it.
In order to be effective, opponents of sharia would be well-advised to adopt wording that is neutral with respect to any religion, and simply rules out any application of “foreign law” within the state. One of the best alternatives is known as “American Laws for American Courts”, an initiative of the American Public Policy Alliance. Interested readers will want to look at ALAC’s model legislation. An FAQ page provides further information.
Frank Gaffney of the Center for Security Policy issued this statement concerning the Oklahoma decision:
Statement by Frank J. Gaffney, Jr., President of the Center for Security Policy, concerning the 10th Circuit Court’s ruling on the amendment to the Oklahoma State Constitution concerning shariah:
As an adamant opponent of shariah and a strong supporter of efforts to prevent its insinuation into our country through our courts or other stealthy means, I welcome yesterday’s ruling by the 10th Circuit Court of Appeals. The amendment — while well intentioned — was crafted in a way that invited this outcome.
With 10th Circuit’s disposition of this case, it should now be possible to pursue in Oklahoma and elsewhere across the country other means of achieving the same end — namely, protecting American citizens from foreign laws whose application in U.S. courts would violate their constitutional rights or state public policy. This was the clear desire of 70% of the voters in Oklahoma in the 2010 referendum and is a sentiment shared by millions of their countrymen.
Fortunately, legislation that meets these tests has been developed by the American Public Policy Alliance. Known as “American Laws for American Courts” (or ALAC), it has already been enacted in three states and is expected to be considered in about twenty others in 2012.
The Center for Security Policy looks forward to working with Americans who share its commitment to the Constitution and its determination to prevent that founding document from being weakened or eviscerated by foreign laws, including shariah, to ensure that American laws are practiced in American courts.
I’ll be glad when every state in the Union passes its own version of ALAC’s model legislation. That will build fifty speed bumps in the road to Islamic Hell that is now being planned for America by Hillary Clinton and her allies in the OIC.