Effectively extending her temporary restraining order , Judge Vicki Miles-LaGrange yesterday issued a preliminary injunction halting the certification of Oklahoma’s Sharia Law ban until she rules on the merits of the suit challenging the provision. The court found that plaintiff Muneer Awad would be harmed by the measure becoming law, and was likely to prevail in his claim that the amendment – approved by 70% of the state’s voters earlier this month – violates his First Amendment rights to freedom of religion.
From the decision (pdf):
[P]laintiff has shown that the actual language of the amendment reasonably, and perhaps more reasonably, may be viewed as specifically singling out Sharia Law (plaintiff’s faith) and, thus, is not facially neutral. Additionally, as set forth above, the Court finds that plaintiff has shown that there is a reasonable probability that the amendment would prevent plaintiff’s will from being fully probated by a state court in Oklahoma because it incorporates by reference specific elements of the Islamic prophetic traditions. Further, plaintiff has presented evidence that there is a reasonable probability that Muslims, including plaintiff, will be unable to bring actions in Oklahoma state courts for violations of the Oklahoma Religious Freedom Act and for violations of their rights under the United States Constitution if those violations are based upon their religion. Finally, the Court finds that defendants have presented no evidence which would show that the amendment is justified by any compelling interest or is narrowly tailored.
