Last month, Oklahoma voters approved by a 70 percent vote State Question No. 755, a measure to amend the state’s constitution to require courts to rely on federal and state law when deciding cases and to forbid them “from considering or using international law.” International law was stated to be “also known as the law of nations,” dealing “with the conduct of international organizations and independent nations, such as countries, states and tribes … . It also deals with some of their relationships with persons. The law of nations is found by the general assent of civilized nations. Sources of international law also include international agreements, such as treaties.” Question 755 went further, expressly forbidding consideration or use of “Sharia Law,” which it defined as “Islamic law” and based on “the Koran and the teaching of Mohammed.”
Two days after the referendum, Muneer Awad, director of the Council on American Islamic Relations-Oklahoma, sued to enjoin certification of the results. His complaint focused exclusively on the part of Question 755 relating to sharia law. On Nov. 9, Chief Judge Vicki Miles-LaGrange of the Western District of Oklahoma issued a temporary restraining order against certification of the results pending a Nov. 22 hearing, after which she issued a preliminary injunction. On Dec. 1, the defendants appealed to the Tenth Circuit.
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