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Politics : Liberalism: Do You Agree We've Had Enough of It? -- Ignore unavailable to you. Want to Upgrade?

To: chartseer who wrote (112927)	9/14/2011 9:43:02 PM
From: lorne	2 Recommendations Respond to of 224720

Denver's 10th Circuit Court in spotlight as it considers Oklahoma's Shariah-law case By John Ingold The Denver Post Posted: 09/13/2011 denverpost.com An Oklahoma initiative that bars state judges there from considering Islamic law in court decisions came in for a barrage of questioning at the 10th Circuit? Court of Appeals in Denver on Monday, in a case that could have national implications. The controversy focuses on a measure voters in Oklahoma overwhelmingly approved last year. The measure prevents judges from basing rulings in any way on international law and then mentions Islamic law — known as Shariah — specifically. Oklahoma is the only state to pass such an initiative, but opponents of the law say lawmakers in at least 20 other states have considered or are considering similar measures. A three-judge panel of federal 10th Circuit judges on Monday repeatedly asked Patrick Wyrick, Oklahoma's solicitor general, why Shariah law was singled out and whether that amounts to discrimination against Muslims. "Doesn't it disfavor Islam as a religion?" Judge Scott Matheson Jr. asked. Wyrick responded that it doesn't because the initiative is intended only to apply to aspects of Shariah that would claim legal precedence. But opponents of the initiative — who filed suit last year to block its certification — say the law denies Muslims rights that would be afforded to people of other religions. For instance, Muneer Awad, the executive director of the Council on American-Islamic Relations in Oklahoma and the suit's plaintiff, said the law would invalidate certain civil documents, such as wills. His own will, Awad said, instructs a judge to refer to specific Islamic precepts to resolve situations where Awad's intent is not clear. Awad argues that the initiative would block a judge from doing that, even though he says a judge would be able to do that for someone of Christian or Jewish faith. Micheal Salem, the attorney representing Awad, said the initiative was a "pre-emptive strike" against one religion and was passed out of fear of Islam. "Once it is certified, this law will condemn every Muslim in the state of Oklahoma," Salem argued. "They will no longer be welcome." A federal district court judge in Oklahoma has already temporarily blocked the initiative's certification, a ruling Oklahoma's election board appealed to the 10th Circuit. The 10th Circuit judges Monday quizzed Salem about whether this was the right time to challenge the constitutionality of the initiative, before it has even officially become law. Salem said the law's certification would cause immediate harm to Oklahoma's Muslims, who amount to less than 1 percent of the state's population. Wyrick, meanwhile, said the initiative is not discriminatory and defended the measure as merely intending to set ground rules for Oklahoma courts. "It was just to determine what type of law should be applied and adhered to in court," Wyrick said. The 10th Circuit is expected to issue its ruling later this year.