November 4th, 2010
By Bruce Maiman, Populist Examiner
It looks like voters in Oklahoma just ratified the law of unintended consequences.
Lawmakers in the Sooner State put a constitutional amendment banning the application of Islamic law by Oklahoma courts on the ballot for Tuesday's election.
But the amendment, which also banned the use of international law in judicial decision-making, might force Oklahoma judges to ignore all laws that were conceived on foreign soil, including the 10 Commandments.
"I would like to see Oklahoma politicians explain if this means that the courts can no longer consider the Ten Commandments. Isn't that a precept of another culture and another nation?" said a University of Oklahoma law professor. "The result of this is that judges aren't going to know when and how they can look at sources of American law that were international law in origin. Many of us who understand the law are scratching our heads this morning, laughing so we don't cry."
The measure was overwhelmingly approved, despite months of resistance from legal experts who argued that it blatantly violates the Establishment Clause of the First Amendment and, oh yeah, sharia law has never once been applied by an Oklahoma judge.
The amendment's principal author argued that the state needed to make a "pre-emptive strike" against the dangers of Islamic theocracy.
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