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Mapping Islamophobia in Oklahoma

rexduncan - talkingpointsmemo.comTIMELINE

 

In November 2010, the passage of State Question 755 prompted Muneer Awad, Executive Director of CAIR’s Oklahoma chapter, to file suit alleging violations of his rights under the Free Exercise Clause and Establishment Clause of the First Amendment.

 

The anti-Sharia ban does a number of things including:  
  • Labeling Islam as an inherent threat to the state of Oklahoma and sending a message that Muslims are religious and political outsiders in their own State
  • Enshrining Islam, the Quran, and Muhammad (saw) in our state constitution as being a violent influence on the lives of all Oklahomans
  • Making all religious documents of Oklahoma Muslims, including marriage contracts, wills, and financing agreements, invalid and illegal in the state of Oklahoma
  • Denying Muslims the same protections of the laws as people of other faiths—especially laws against discrimination based on religion
  • Constraining the ability of Muslims to assert religious liberty claims under the Oklahoma Religious Freedom Act
  • And ultimately denying Muslims equal access to the state judicial system

In response to a lawsuit filed by Awad, the US District Court of the Western District of Oklahoma ruled that the anti-sharia amendment was unconstitutional because it "conveys an official government message of disapproval and hostility toward [Islam]…forcing [Muslims] to curtail their political and religious activities."

 

In September 2011, the case went to the U.S. Court of Appeals of the 10th Circuit where Attorneys Michael Salem, Gadeir Abbas, Daniel Mach, Heather Weaver, and Joseph Thai argued on behalf of the plaintiff, Muneer Awad, and the 30,000 Muslim citizens of Oklahoma. Arguing for implementing the anti-Sharia law in Oklahoma’s State Constitution was the office of Attorney General Scott Pruitt.

 

On January 10, 2012, the U.S. Court of Appeals for the Tenth Circuit released a decision upholding a lower court decision to block implementation of an Oklahoma constitutional amendment that would prohibit courts from considering “Sharia law” and “international law.”

 

The decision read, in part,

"Federal courts should be wary of interfering with the voting process, but we agree with the district court that 'it is always in the public interest to prevent the violation of a party's constitutional 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,” said Awad. "We are also hopeful that this decision serves as a reminder to politicians wishing to score political points through fear-mongering and bigotry."

 

Oklahoma's anti-sharia law was the first of many attempts across the US to label Islam as a threat to state courts. Similar attempts have been made in over 20 states, all spearheaded by legislators with the support of Anti-Muslim groups such as ACT for America. ACT for America poured $50,000 into Oklahoma to promote the anti-sharia law, and have worked closely with attorney David Yerushalmi, who has drafted anti-Sharia bills for lawmakers across the US.

 

Current Status - The plaintiffs will now seek a permanent ban on the Anti-Sharia Constitutional Amendment from the lower court.


NEWS REPORTS

 

CAIR: Q&A on Oklahoma Anti-Islam Ballot Measure


CAIR-OK: Announcing Legal Challenge to Anti-Islam Amendment

 

MSNBC Rachel Maddow: CAIR Rep Discusses Okla. Shariah Ban with Rachel Maddow


FOX NEWS Hannity: Lawmaker Wants Sharia Law Banned


HUFFINGTON POST: Anti-Sharia Law: A Solution In Search of a Problem


NEWS-OK: Federal judge keeps Sharia law restriction out of Oklahoma Constitution


CNN: Judges Issues Permanent Injunction on Sharia Law Ban


WASHINGTON POST: Okla. anti-Shariah amendment heads to appeals court



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