Remember that Oklahoma ballot proposition we covered after the election, which “thwarted” the “creeping” Islamic Sharia law in the state? Well, we knew it was ignorant and damaging before, but it appears it didn’t just take out the ten commandments as collateral damage, but was so broad and vague that it may have taken out Indian tribal law too, which is a serious problem in Oklahoma. Joan McCarter:
This law obviously makes Oklahoma feel like hostile territory for Muslim Americans. It also makes it potentially hostile territory for the very first nations to populate the land that is now Oklahoma.
Oklahoma has the second largest population of Native Americans in the U.S and law experts like Oklahoma University law professor Taiawagi Helton point out that language in the law banning courts from looking at “legal precepts of other nations or cultures” could pose a problem if applied to tribal legal cases, as the tribes are considered sovereign nations. In fact, the Oklahoma Indian Affairs Commission released an official memo on October 20 explaining how the “lack of specific tribal law language” could “damage the sovereignty of all Oklahoma tribes” and “starkly reminds [the Commission] that some Oklahoma lawmakers forgot that our nation and state were built on the principles, blood, and back of other nations and cultures, namely, ou[r] tribes”
A perfect example of the consequences of voting out of fear. […] A federal judge has granted a temporary order blocking the ban from taking effect. A hearing on the amendment will be held on November 22.
Oops. Good thing that “activist” judge thwarted the thwarting of Sharia, though.
It would be fascinating if this gets litigated up to the U.S. Supreme Court, since the whole controversy over the use of “legal precepts of other nations or cultures” stems from a couple Supreme Court rulings by Justice Anthony Kennedy, in which he referenced (but did not rule on the basis of) international laws and norms for comparison. In the intervening years since the controversy erupted, he has shifted dramatically back toward the right, under the divided and partisan Roberts court, and would probably be unlikely to rule against the proposition, although he could surprise.
This post originally appeared at Starboard Broadside.