JISHOU, HUNAN — Oklahoma’s anti-Sharia law violates the US Constitution, the 10th Circuit Court of Appeals has ruled.
The ruling states that the law — which amended the state constitution — violated the Establishment clause of the First Amendment by singling out one religion, Islam. In addition, the court noted that the proponents of the law, which passed November 2010 in a state referendum, could not identify one occasion in which Sharia was used in Oklahoma.
Too bad courts can’t comment on the stupidity of laws, too.
Oklahoma’s Islamophobic factions took the lead nationally in pressing for such a law, creating a nontroversy about “creeping Sharia” and Muslim infiltration of the USA. After the Sooner State’s successful ballot initiative, other states jumped on the bandwagon, fabricating Muslim threats from whole cloth.
The 10th Circuit got to the heart of the matter in its ruling: “Sharia? What Sharia?”
Appellants do not identify any actual problem the challenged amendment seeks to solve. Indeed, they admitted at the preliminary injunction hearing that they did not know of even a single instance where an Oklahoma court had applied Sharia law or used the legal precepts of other nations or cultures, let alone that such applications or uses had resulted in concrete problems in Oklahoma. See Awad, 754 F. Supp. 2d at 1308; Aplt. App. Vol. 1 at 67-68.
Given the lack of evidence of any concrete problem, any harm Appellants seek to remedy with the proposed amendment is speculative at best and cannot support a compelling interest.15 “To sacrifice First Amendment protections for so speculative a gain is not warranted . . . .” Columbia Broad. Sys., Inc. v. Democratic Nat’l Co., 412 U.S. 94, 127 (1973).
In other words, it’s a bit like locking the barn door to keep the horses from escaping before they are actually inside. Except in this case, there aren’t any horses, either. So, it’s both stupid and crazy.
Isn’t all bigotry like that?