In
Awad v. Ziriax, (10th Cir., Jan. 10, 2012), the 10th Circuit Court of Appeals affirmed a federal district court's preliminary injunction (see
prior posting) preventing the Oklahoma state election board from certifying voter approval of an anti-Sharia constitutional amendment. The so-called "Save Our State" Amendment provides that Oklahoma courts may not look to the legal precepts of other nations or cultures, and specifically cannot consider international law or Sharia Law. The 10th Circuit held that plaintiff, a Muslim, has standing to challenge the amendment, saying:
We conclude that Mr. Awad’s allegation—that the proposed state amendment expressly condemns his religion and exposes him and other Muslims in Oklahoma to disfavored treatment—suffices to establish the kind of direct injury-in-fact necessary to create Establishment Clause standing.
In finding that the amendment violates the Establishment Clause the court applied "strict scrutiny" because the amendment discriminates among religions. The court concluded:
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. “To sacrifice First Amendment protections for so speculative a gain is not warranted . . . .”
The
Los Angeles Times reports on the decision.
