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View Full Version : Oklahoma Legislature to Attempt to Ban Sharia (again)



Midtowner
2/18/2013, 12:57 PM
OKLAHOMA CITY – Oklahoma lawmakers are considering banning judges in the state from basing any rulings on foreign laws, including Islamic Sharia law.
A Senate panel on Tuesday overwhelmingly approved the bill, which has broad support in the Republican-controlled Legislature. The bill would specifically make void and unenforceable any court, arbitration or administrative agency decision that doesn't grant the parties affected by the ruling "the same fundamental liberties, rights and privileges granted under the U.S. and Oklahoma constitutions."


Read more: http://www.foxnews.com/us/2013/02/12/oklahoma-senate-panel-approves-bill-prohibiting-judges-from-basing-decisions-on/#ixzz2LH1L4bUp

The federal court has already thrown out this same law once when it was a Constitutional Amendment adopted by the people. Does our legislature just not care about the cost to defend obviously unconstitutional laws anymore? Are they not aware that when CAIR and the ACLU sue, the law says that we the taxpayers have to pay their attorney fees when they win? Is Shortey secretly trying to raise money for CAIR and the ACLU?

I listened to Shortey try to explain this law last night on KTOK's Gwen Faulkner Lippert show. He says we need to protect our courts from turning into Sharia courts. He's basing this almost entirely on a case in which a New Jersey judge found someone not guilty because his religion said it was okay to beat up a woman.

This article sort of sums things up.

http://blog.heritage.org/2010/09/02/the-real-impact-of-sharia-law-in-america/

The trouble with the explanation is that it trips over the very thing which renders Sharia a mere sideline player in this fight legally speaking. What was at issue in this case and in others is a legal theory known as the cultural defense--a rarely tried and as far as I know never successful at the appellate level argument that a person's cultural belief in the rightness of something which is illegal here can negate the mens rea [bad intent] element of a crime and either reduce the penalty or remove it altogether.

Crimes are made up of two components--a mens rea [bad intent] and an actus reus [the actual act]. For example, homicide requires the intentional killing of another human being [actus reus] with malice aforethought [mens rea]. If I remove the malice aforethought, it's not murder, it's manslaughter, and that's where the cultural defense attempts to come in--to negate the bad intent and say that in the defendant's mind, the bad thing he did was actually virtuous rather than vicious.

So in that respect, even if we had a law saying no consideration could be given to foreign law, the cultural argument can still be made. It's not foreign law which is being argued, but rather culture.

And of course, that's all ignoring the fact that no judge could ever consider any religious law as determinative in a court of law because of the First Amendment Establishment Clause.

The problem Shortey's law really awakens is that we won't be able to, for example, have our multinational corporations contract with international companies and intentionally select, say, Swiss law to be enforceable by an Oklahoma Court. It really ties their hands.

Having actually had a few cases where Sharia's consequences probably needed to be considered, this case would have tied my hands when, for example, we had a woman in an arranged marriage, secure a big dowry contract, come over here and immediately left her husband. We won an annulment, and if Shortey's law was in place, we couldn't have the Court order her not to enforce the dowry contract in Iran--something which would have required the defrauded husband to pay something like 1,000 gold coins (it was around half a million bucks) on demand or face jail until he did.

---------

So do I think Sharia is harmless and there's nothing to be concerned about? Right now? Probably not. Later? I think there's a real threat. I was having lunch the other day with a magistrate from the UK. He recounted a recent UK case which featured a Sharia Court being set up in an English town. The Sharia Court found a woman and man guilty of fornicating and had them both stoned. When the authorities intervened, they charged various people with crimes, but the insular Muslim community refused to cooperate and the authorities were unable to obtain a conviction.

Currently, under the U.S. law, a Sharia Court could probably exist if both parties agreed to allow it to perform binding arbitration. The resulting orders could even be enforceable in our own courts unless they contained criminal penalties. THAT is the real problem I see. Of course, how do we attack the cancer which is Sharia without simultaneously assaulting Ecclesiastical courts and those sorts of things?

I suppose one way to go about it would be to make it a crime for any non state sanctioned court to issue criminal-like penalties and make the sentence very severe for anyone conspiring to do so? I don't know.

What I do know is that while Shortey probably means well, he's just not a very educated guy and he's striking out after the wrong thing.

KantoSooner
2/18/2013, 01:34 PM
A few random thoughts:

1. Banning all application or reference to foreign law is going to be kind of hard for us. We'd have to throw out all reference to common law since it comes from Britain or to Napoleonic Code (in Louisiana, same thing, France). Much legal title in the SW would be thrown into confusion as the ancestral titles all derive from Spanish Land Grants from the Spanish Crown.
Also, we'd lose useful reference to British, Canadian, Australian or even Philippino law. Since all of those systems are part of the same legal tradition as ours, it is sometimes (rarely, but sometimes) useful to look at how our 'sister' court systems have handled novel issues.
2. Sharia is a threat to exactly that degree we administratively allow it to be. The lower level courts in the UK that are using Sharia law are doing so as an experiment specifically put in place by the town councils and other authorities to address monolithic muslim population areas. They didn't have to do this. No jurisidiction in this country is bound to apply Sharia and never will be unless we decide to do so. Anybody with odds on exactly how long after Hell freezes over that is going to be?
3. It would appear that this is an effort to appeal to the mouth breather community. Sharia is not a threat now or into the foreseeable future, foreign legal precedent is used each and every day in our courts and has been since the day our nation was declared. Shortey is simply running up legal bills due to profound stupidity. But it's probably going to gain him plenty at the ballot box.

Midtowner
2/18/2013, 02:25 PM
Another thought on the matter... aren't treaties foreign law?

It just boggles the mind how stupid an idea this specific statute is.

As far as us applying Sharia, even if we wanted to, we couldn't. I don't see a way around the Establishment Clause.

C&CDean
2/18/2013, 02:28 PM
Sharia Law would be a great name for an all-chick punk rock band (for you BSG).

olevetonahill
2/18/2013, 03:42 PM
Sharia Law would be a great name for an all-chick punk rock band (for you BSG).

I miss her. Bitches man Bitches.

REDREX
2/19/2013, 10:33 AM
If we consider Sharia law do we get to execute drug dealers and users and not allow women to drive?------Sounds better all the time

KantoSooner
2/19/2013, 10:37 AM
No, unfortunately, you'd have to pass it into legislation. Ignoring the constitutional issues, you'd also have to buy in to a complete ban on alcohol. No smiles there.

Turd_Ferguson
2/19/2013, 11:08 AM
Blah blah blah blah blah blah blah blah blah, you'd also have to buy in to a complete ban on alcohol.

qfResyFrqlM

KantoSooner
2/19/2013, 11:18 AM
Right?

I just dont' see that happenin'

TUSooner
2/20/2013, 08:13 AM
Perhaps they should also pass some anti-zombie and anti-vampire laws. Well, some people are scared of 'em!

SicEmBaylor
2/20/2013, 08:20 AM
http://www.godlikeproductions.com/sm/custom/3aa9090d30.jpg

RUSH LIMBAUGH is my clone!
2/21/2013, 01:05 AM
Perhaps they should also pass some anti-zombie and anti-vampire laws. Well, some people are scared of 'em!those republican legislators sure are some stupid folks, ain't they?!

SicEmBaylor
2/21/2013, 01:31 AM
those republican legislators sure are some stupid folks, ain't they?!

In many cases, yes.

RUSH LIMBAUGH is my clone!
2/21/2013, 01:34 AM
In many cases, yes.OH WE'RE SHOCKED! by your comment. haha

RUSH LIMBAUGH is my clone!
2/21/2013, 01:37 AM
It's interesting that you seem to have a lot more passion about going after Rick Perry, who at least doesn't eff-up a good economy than you do for the authoritarian socialists who are ruining the country, and virtually every state that they control. Third party guys seem to roll that way, though.

SicEmBaylor
2/21/2013, 05:56 PM
It's interesting that you seem to have a lot more passion about going after Rick Perry, who at least doesn't eff-up a good economy than you do for the authoritarian socialists who are ruining the country, and virtually every state that they control. Third party guys seem to roll that way, though.

I've explained this to you before. Adding my voice to the chorus of millions who attack the liberals and progressives who are Democrats is not very compelling to me. There are already plenty of people who do that.

On the other hand, there are precious few conservatives who work to point out the hypocrisy of many on our own side in addition to exposing so-called "conservatives" for what they really are.....statists. There is no way to win the political war so long as we continue to worship false idols and follow the wrong leaders down the wrong path. Liberal Democrats are who they are and that is not going to change, however what can be changed is the path our own side takes in seeking to reclaim America. Attacking authoritarians is EXACTLY what I'm doing. What you fail to ever acknowledge is that the right has just as many authoritarians as the liberals do...it's just a different type of authoritarianism.

As for Perry, you just have no idea. You weren't around silently fighting some of his crap that was anything but "pro-business." The Texas economy has flourished in spite of Perry not because of Perry. For example, the "stealth income tax" that Perry and Craddick silently championed for some time in order to make up a budget deficit as opposed to cutting spending would have been a huge hit to the Texas economy if conservatives hadn't fought him off.

Perry is a believer in nothing. He's an opportunist and only ideological when it suits his own self-interests. Perry is the absolute mirror image of Bill Clinton only without Clinton's superb ability to empathize.

SoonerProphet
2/21/2013, 06:50 PM
Perry is a believer in nothing. He's an opportunist and only ideological when it suits his own self-interests. Perry is the absolute mirror image of Bill Clinton only without Clinton's superb ability to empathize.

I think that could be said about a great majority of our current political leaders. I would put Hillary, Marco, and Rand on the list of political opportunist who advance a certain ideology to promote self-interest.

SicEmBaylor
2/21/2013, 07:47 PM
I think that could be said about a great majority of our current political leaders. I would put Hillary, Marco, and Rand on the list of political opportunist who advance a certain ideology to promote self-interest.

I don't care for Rubio much, but I wouldn't put him on that list. I believe Marco is a true believer as far as what he believes. And saying that Rand Paul isn't ideological is absolutely absurd. Granted he markets himself in such a way as to be more palatable to the average Republican voter than his father was, but Rand absolutely believes in Libertarian Republicanism.

Every politician is an opportunist including Rand Paul and Marco Rubio -- you can't get elected if you don't take advantage of opportunities. That is not exactly what I'm saying about Perry when I call him an opportunist. When I say he's an opportunist, I'm saying that he will ALWAYS compromise his purported beliefs for his own personal gain.

Rubio and to a much greater extent Paul don't have that political luxury. Who they are is their ideology...they got elected precisely because they are representative of a very specific view point. There is a limit to how much they can compromise and keep their base support.

Perry was never elected for those reasons. Perry was elected because he's seen as a safe conservative "business as usual" type guy. Perry is not representative of anything.

SoonerProphet
2/21/2013, 09:35 PM
I don't care for Rubio much, but I wouldn't put him on that list. I believe Marco is a true believer as far as what he believes. And saying that Rand Paul isn't ideological is absolutely absurd. Granted he markets himself in such a way as to be more palatable to the average Republican voter than his father was, but Rand absolutely believes in Libertarian Republicanism.

Every politician is an opportunist including Rand Paul and Marco Rubio -- you can't get elected if you don't take advantage of opportunities. That is not exactly what I'm saying about Perry when I call him an opportunist. When I say he's an opportunist, I'm saying that he will ALWAYS compromise his purported beliefs for his own personal gain.

Rubio and to a much greater extent Paul don't have that political luxury. Who they are is their ideology...they got elected precisely because they are representative of a very specific view point. There is a limit to how much they can compromise and keep their base support.

Perry was never elected for those reasons. Perry was elected because he's seen as a safe conservative "business as usual" type guy. Perry is not representative of anything.

I realize Rand has had to walk a fine line regarding foreign policy, but his heritage speech compared to his recent action have done little for me in terms of any real dedication to principled realism. So don't know how much of an absurdity this supposition of mine is.