Injunction on Oklahoma SQ 755 bars certification, for now

Nov 30 2010

OKLAHOMA CITY, Oklahoma: On November 29, 2010, an injunction was issued by U.S. District Judge Vicki Miles-LaGrange on Oklahoma State Question 755, which will continue to bar the law from taking effect in the state. The injunction will also allow Miles-LaGrange to consider arguments from both sides of the lawsuit. According to the order, “The court finds that defendants have presented no evidence which would show the amendment is justified by any compelling interest or is narrowly tailored.” Muneer Awad, executive director of the Council on American-Islamic Relations (CAIR) in Oklahoma, who filed the lawsuit, will now ask that the court issue a permanent injunction on the measure. The outcome of the lawsuit could be appealed to the 10th U.S. Circuit Court of Appeals. [1]

Before the measure was filed, Awad had stated that the measure was deceptive and mislead people into believing that there was a threat from Islam in the country. The lawsuit was filed on November 4, 2010. State Question 755 was proposed to require that courts rely on federal or state laws when handing down decisions concerning cases and would prohibit them from using international law or Sharia law when making rulings. [2][3]

Representative Rex Duncan was the chief author of the proposal, and stated that Sharia law was a “cancer” in the United Kingdom because those courts enforced shariah. Duncan stated, “SQ 755 will constitute a pre-emptive strike against Shariah law coming to Oklahoma.” Duncan also added, “While Oklahoma is still able to defend itself against this sort of hideous invasion, we should do so.” [4]

The complaint filed with the United States District Court for the Western District of Oklahoma can be read here.