OKlahoma voters reject foreign laws

[Baron1710]

"The Courts provided for in subsection A of this section, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Oklahoma Constitution, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules promulgated pursuant thereto, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia Law, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international or Sharia Law. The provisions of this subsection shall apply to all cases before the respective courts including, but not limited to, cases of first impression."

[Twisp]

Originally Posted by MissBrattified

What law does it go against?

I can see "redundant", although it never hurts to clarify things. But how is it unconstitutional? It would be like passing a law that says you're not allowed to use the Ten Commandments to prove a case in court! How would THAT be unconstitutional, and how is it different from what happened here?

Actually, it does hurt to clarify things. The 1st amendment states that "Congress shall make no law respecting an establishment of religion".

What is the law doing by specifying Islamic Law?

[MissBrattified]

Originally Posted by Baron1710

"The Courts provided for in subsection A of this section, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Oklahoma Constitution, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules promulgated pursuant thereto, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia Law, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international or Sharia Law. The provisions of this subsection shall apply to all cases before the respective courts including, but not limited to, cases of first impression."

My mistake; I didn't realize that Sharia was specifically mentioned. Regardless, the meaning is still the same, and it generalizes with "international." I don't see how this would be any different from banning the Bible being used to decide court cases.

[Twisp]

Originally Posted by Baron1710

Your not making sense. If it is redundant then it can't also be unconstitutional. It does not ban religion.

You didn't read my post. I said that if it did not specify a religion, THEN it would be a redundant law. This DOES specify a religion, thereby not being redundant but unconstitutional.

[MissBrattified]

Originally Posted by Twisp

Actually, it does hurt to clarify things. The 1st amendment states that "Congress shall make no law respecting an establishment of religion".

What is the law doing by specifying Islamic Law?

Congress isn't showing preference to any religion with this law. In fact, they are making sure that preference CAN'T be shown in any case.

[Baron1710]

Originally Posted by Twisp

You didn't read my post. I said that if it did not specify a religion, THEN it would be a redundant law. This DOES specify a religion, thereby not being redundant but unconstitutional.

No it does not, it specifies Sharia law not a religion.

[Twisp]

Originally Posted by Baron1710

"The Courts provided for in subsection A of this section, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Oklahoma Constitution, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules promulgated pursuant thereto, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia Law, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international or Sharia Law. The provisions of this subsection shall apply to all cases before the respective courts including, but not limited to, cases of first impression."

Originally Posted by MissBrattified

My mistake; I didn't realize that Sharia was specifically mentioned. Regardless, the meaning is still the same, and it generalizes with "international." I don't see how this would be any different from banning the Bible being used to decide court cases.

And that is the unconstitutional part.

[Twisp]

Originally Posted by Baron1710

No it does not, it specifies Sharia law not a religion.

Sharia law is a religious law. It would be the same as if they said they could consider the Ten Commandments when making decisions.

[Twisp]

Originally Posted by MissBrattified

Congress isn't showing preference to any religion with this law. In fact, they are making sure that preference CAN'T be shown in any case.

But they are specifically stating it against Sharia Law, a religious law. The 1st amendment does not allow them to do that.

[Baron1710]

Originally Posted by Twisp

Sharia law is a religious law. It would be the same as if they said they could consider the Ten Commandments when making decisions.

No it would be the same as if they said they COULDN'T use the 10 commandments.