Wednesday, January 11, 2012

Federal Appeals Court upholds the Constitution by striking down Oklahoma ban on Sharia Law.

As some of you may have noticed there was a frantic comment left on my Mitt Romney post about a Clinton appointee knocking down a ban on Sharia Law in Oklahoma.

So I decided to look it up and see what all of the panic was about.

I found it here on the ABC News site:

A federal appeals court today blocked a measure that would’ve made Oklahoma the first state in the nation to ban the Sharia law in its court system. 

The court ruled in favor of Muneer Awad, executive director of the Council on American-Islamic Relations (CAIR) in Oklahoma, who filed a lawsuit against the Oklahoma election board on the grounds that the voter-approved constitutional amendment violated the Establishment Clause of the Constitution forbidding the government from favoring one religion over another. 

The amendment specifically stated that “it forbids courts from considering or using Sharia Law.” 

Sharia law is broadly defined as a body of law based on Islam and its central religious text, the Quran. 

“This is an important reminder that the Constitution is the last line of defense against a rising tide of anti-Muslim bigotry in our society, and we are pleased that the appeals court recognized that fact,” Awad said in a statement. “We are also hopeful that this decision serves as a reminder to politicians wishing to score political points through fear-mongering and bigotry.” 

Today’s ruling upheld a decision by the lower court striking down the Save Our State amendment, which would have also forbidden judges from using international laws as a basis for decisions. 

The 10th Circuit Court of Appeals found that the federal district court did not abuse discretion by barring the amendment. “Because Mr. Awad has at least one justiciable claim and because the district court did not abuse its discretion in granting the preliminary injunction, we affirm,” today’s findings by the 10th Circuit Court of Appeals stated.

Are you shaking in your boots yet?

No? Well that is because you are not an ignoramus.

Perhaps the people who voted to specifically target Islam, have never read the First Amendment.

Here allow me:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

This part, " Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." is the portion that is relevant to this case.  And clearly it gives the courts the right, no the RESPONSIBILITY, to protect a Muslim's right to exercise their religious freedoms.  A law directly singling them out for oppression is clearly unconstitutional.

And by the way striking down this ban does NOT mean that Islamic law is now going to compete with existing law in court cases. Nor does it mean that American courts can no longer prosecute those responsible for honor killings, or that women will be forced to wear  a Hijab.

This changes nothing, our laws still stand, and it is ridiculous to assume that a country as freedom loving as America will suddenly allow oppressive laws to be placed on the books in reverence to Sharia Law.

And just to clear things up, our laws were NOT based on Biblical law.

In fact the Founding Fathers took great pains to use language that was unambiguous when it came to explaining that the government simply could NOT make laws establishing a religion that would force everybody to worship the same God, nor restricting a religion that was at odds with the lawmaker's choice of religious expression.

Even though many of today's Christians like to argue that the Founding Fathers were also Christians, it really does not make any damn difference. They specified directly that, regardless of THEIR faith, it was verboten to force it on anybody else.

And my advice to these people getting their panties in a twist over the fact that THEIR religion is not THE religion in this country is simply, "This is clearly not the country for you, so perhaps you should get the fuck out! But if you decide to stay, then please shut the fuck up!"

Was that too oppressive?

47 comments:

  1. lostinmn2:25 PM

    The founding fathers were NOT ALL Christians. That is the greatest myth in the world of christian fundies. What a joke.

    ReplyDelete
  2. Anonymous2:33 PM

    "Wake up white people! Oklahoma is in grave danger of being taken over by a-rabs who will outlaw pork and kidnap your women and force them to wear hijabs."

    (I assume this is how the idiots who sounded the alarm got 70% of Okies to vote for this ridiculous piece of garbage law).

    ReplyDelete
  3. Yup. Glad the courts stood up to these fear-mongering politicians.

    ReplyDelete
  4. Anonymous2:48 PM

    Many (most?) of the "Founding Fathers" were Deists, I think. Certainly Jefferson, the author of the Constitution was. And he rather disliked Christianity.

    http://www.nobeliefs.com/jefferson.htm

    ReplyDelete
  5. Anonymous2:56 PM

    With uneducated folk, fear is the primary tactic used to brainwash them. That accounts for the war-mongering by most of the GOP candidates: make Americans think they will be attacked -- the GOP tells them they will be protected only if they vote for the GOP. Classic. Ron Paul is putting a monkey-wrench in their plans -- he will be stopped.

    The GOP is running scared and will lie and cheat and murder if necessary to protect their sense of entitlement. God is on their side, don't you know.
    It has already started with that email quoting the bible re "his (Obama's) days being short and his wife a widow... the clarion call has gone out in code to the reptilian brains of the disaffected minorities.

    ReplyDelete
  6. Gasman2:57 PM

    The assholes supporting this Islamophobic shitfest countered that it sought to ban ALL religious laws, not just Sharia. They maintained that Sharia was mentioned not to single out Islam, but to serve as merely an example.

    The court responded with a giant "BULLSHIT."

    ReplyDelete
  7. Brainwashing 101:
    Listen to stump speeches with these in mind. They have been carefully taught them.


    Here are the most oft-used methods by which willful ignorance has been turned into dogma by Fox News and other propagandists disguised as media.


    1. Panic Mongering.

    The fastest way to bypasses the rational brain. In other words, when people are afraid, they don't think rationally. And when they can't think rationally, they'll believe anything.

    2. Character Assassination/Ad Hominem.

    Go after the person's credibility, motives, intelligence, character, or, if necessary, sanity.

    Discredit the ideas of every person who is seen to fall into that category, e.g. "liberals," "hippies," "progressives" etc.

    3. Projection/Flipping.

    It involves taking whatever underhanded tactic you're using and then accusing your opponent of doing it to you first.

    4. Rewriting History.

    They make the facts fit their world view.
    Dogmatic minds actually find it easier to reject reality than to update their viewpoints.


    5. Scapegoating/Othering.

    Find a group to blame for social or economic problems, you can then go on to a) justify violence/dehumanization of them, and b) subvert responsibility for any harm that may befall them as a result.

    6. Conflating Violence With Power and Opposition to Violence With Weakness.

    Violence become synonymous with power, patriotism and piety.

    7. Bullying.

    Often, less self-possessed people will feel shame and anxiety when being berated and the quickest way to end the immediate discomfort is to cede authority to the bully.

    8. Confusion.

    Insist that the logic is airtight and imply that anyone who disagrees is either too dumb or too fanatical to follow along. Less independent minds will interpret the confusion technique as a form of sophisticated thinking, thereby giving the user's claims veracity in the viewer's mind.

    9. Populism.

    The speakers identifies themselves as one of "the people" and the target of their ire as an enemy of the people. The opponent is always "elitist" or a "bureaucrat" or a "government insider" or some other category that is not the people.

    10. Invoking the Christian God.

    Declare yourself and your allies as patriots, Christians and "real Americans" (those are inseparable categories in this line of thinking) and anyone who challenges them are not. Basically, God loves Fox and Republicans and America. And hates taxes and anyone who doesn't love those other three things. Because the speaker has been benedicted by God to speak on behalf of all Americans, any challenge is perceived as immoral. It's a cheap and easy technique used by all totalitarian entities from states to cults.

    11. Saturation.
    Be repetitive, ubiquitous and consistent.

    If something is said enough times, by enough people, many will come to accept it as truth. Another example is Fox's own slogan of "Fair and Balanced."

    12. Disparaging Education.

    Being trained in critical thinking are direct threats to a hive-mind mentality, which is why they are so viscerally demeaned.

    13. Guilt by Association.
    This is a favorite of Glenn Beck and Andrew Breitbart, both of whom have used it to decimate the careers and lives of many good people.

    14. Diversion.
    Debate in a weird but predictable direction to avoid accountability.

    ReplyDelete
  8. California Dreamin'3:12 PM

    From the Romney post for those that missed it:

    CLINTON JUDGE BLOCKS BAN ON SHARIA LAW - Yes, you read that correctly, a Clinton appointed ultra Liberal judge negated the will of the people of Oklahoma yesterday by blocking the Constitutional Amendment passed BANNING SHARIA LAW. This judge took the side of SHARIA LAW and claims that not allowing Sharia law violates the first amendment. ARE YOU KIDDING US!!!! This, folks, this, is exactly why you have to do everything in your power to defeat Barack Hussein Obama in November. Because LIBERAL judges are LEGISLATING from the bench. This law passed with over 70% of the vote. This is a travesty!

    8:35 AM

    *******

    Guess what, idiot. No one can *vote* to deny the constitutional rights of others. "Majority rules" DOES NOT apply to the US Constitution. Why do you think it exists in the first place? Why do you bigots think that you can impose your ignorant, prejudiced will on minorities, gays, and non-Christian religions by voting on inane and unconstitutional laws?

    ReplyDelete
  9. California Dreamin'3:17 PM

    (I assume this is how the idiots who sounded the alarm got 70% of Okies to vote for this ridiculous piece of garbage law).

    *********

    You're right. A lot of the people in OK (especially who live in the rural areas, but some city folks, too) live in the dark ages. Middle-eastern people are still referred to as 'towel heads'. I can say this with some authority, because I lived there for 26 years.

    ReplyDelete
  10. Anonymous3:21 PM

    The majority of the founding fathers were Deists, NOT Xtians.

    Fundies like to believe they were Xtians, just to bolster their 'beliefs' in the white sky pilot who does their will...

    ReplyDelete
  11. Wolfbitch3:23 PM

    I'm just surprised none of the Republican candidates for presidential office have proposed a Constitutional Amendment barring Sharia law from this country.

    After all, they do so love to pander to the lowest uncommon denominator.

    ReplyDelete
  12. Anonymous3:32 PM

    I read where that quote came from and the source was addressing what Sharia Law is and basically trying to say the judge and likeminded people support the concept of it.

    While yes, the judge was upholding the constitution, was he acting within the country's best interests?

    ReplyDelete
  13. Anonymous3:34 PM

    It isn't about the constitutional matter. It involved emotions within an oppressive culture, a culture that treats women like objects and abuses them.

    ReplyDelete
  14. imnofred3:34 PM

    Extremist Christians are EVERY bit as dangerous as the extremist Muslims that attacked us on 9/11.

    The feel that their religion is the only religion that is acceptable.

    ReplyDelete
  15. Anonymous3:36 PM

    I will shut up the day you treat democrats and republicans equally in your criticisms.

    I am ALL for tolerance, but I will never support a culture that believes any one person is a lesser human being than another just because of gender of some other factor.

    You missed the ENTIRE point.

    ReplyDelete
  16. Anonymous3:39 PM

    This has nothing to do with ruling religions. Most people of faith don't judge others practicing differing religions, contrary to ignorant liberal thinking.

    It's funny you write, "get the eff out" when I say the same thing about people who dislike the wonderful practice of capitalism in favor of economy killing, non-pragmatic socialism.

    ReplyDelete
  17. A close relative--a Mensa member who pokes fun of biblical literalists--fell for the 'Sharia Law is taking over' hysteria. I suspect many will misunderstand and/or misrepresent this ruling and escalate the hysteria.

    ReplyDelete
  18. Anonymous3:43 PM

    So, people who don't want Sharia Law inflicted upon people in this civilized country are ignoramuses, yet you and likeminded souls aren't despite your ignorance regarding what is actually occurring in DC under this President? The truth is there in the open, the deceptions are easily uncovered. Put down the koolaid dear democrats. It's time to stand out for YOUR rights as citizens and stop believing we as citizens are owned by Govt.

    ReplyDelete
  19. Anonymous3:43 PM

    I want to know when:
    - unemployment went to 0%,
    - all wars ended,
    - the economy rebounded to its best level since forever,
    - new, renewable, non-polluting and cheap energy sources were discovered and globally distributed
    - disease was wiped out...

    Because, unless all these things happened when I wasn't paying attention, there is no reason for legislators to be proposing and passing laws to solve problems that don't exist when we can't fix the problems WE ALREADY HAVE!!!

    Are these the same idiots who are pushing the laws to protect against the non-existent voter fraud?

    ReplyDelete
  20. Anonymous3:44 PM

    Most of the founders were Christians, but it doesn't matter. Separation of church and state.

    Also, an amendment often overlooked, #10. VERY important and one I am sure Obama and democrats abhor.

    ReplyDelete
  21. I hope the courts will be just as firm and rational with the dominionists against their attempts to force their personal religious (sharia) law down the gullets of free Americans who don't use their various religions as a cudgel.

    Lest we forget, Sarah Palin anagrams to Sharia Plan.

    Palin isn't all that religious. She was just a convenient unprincipled and unscrupulous attention whore willing to say or do anything on behalf of her puppetmasters for a few bucks. I just don't think she was prepared for the personal blowback while her minders remain relatively unnamed and unscathed. Sucks huh, Palin? Hope all that money she stashed offshore will be enough to make up for becoming one of the biggest fools of this century.

    ReplyDelete
  22. Anonymous3:49 PM

    My understanding is that the Quron and Islamic law bans charging interest on a loan. I can see how this would freak out the Romney alien sect. How un-American!

    ReplyDelete
  23. Anonymous3:51 PM

    http://en.wikipedia.org/wiki/Riba

    the link re: loan interest.

    ReplyDelete
  24. Anonymous3:55 PM

    3:34 pm. Lots of extreme religious fundamentalists (Jewish and so-called Christian) in this country and many Mormons don't treat women very well either.

    ReplyDelete
  25. From the ABC News article:

    “U.S District Court Judge Vicki Miles-LaGrange blocked the measure in November 2010, ruling that any harm that would result from a delay in certifying the election results is “minimized” because the defendants were “not aware of any situation where Sharia Law has been applied in an Oklahoma court.”

    “Its proponents said that even though it was not a problem in Oklahoma, they were attempting to prevent it from becoming one.”

    Bottom line: Muslims in the U.S. are subject to U.S. law. If a Muslim cuts off a thief's hand or beheads his cheating wife, he can't claim religious justification any more than a Jew or Christian would get a pass for stoning to death a disobedient child in accordance with biblical law.

    ReplyDelete
  26. Anonymous4:11 PM

    BREAKING NEWS

    Mississippi Court grants temporary injunction which will keep prisoners behind bars

    Ex scumball Gov Haley Barbour did not follow the laws of the Mississippi Constitution as to granting the pardons to 199, including murderers.

    There is a possibility all these pardons will be overturned.

    ReplyDelete
  27. Anonymous4:14 PM

    The irony is, under Islamic law, there is NO separation of church and state.

    ReplyDelete
  28. Anonymous4:17 PM

    Hell, we already have conflicting laws with say, American divorce law and catholic annulment. You go to the courts for one, and to your church for the other. And the problem is?

    But hmmm.... are we paranoically passing no RCC dogma laws?

    ReplyDelete
  29. Anonymous4:20 PM

    The founding fathers were NOT ALL Christians. That is the greatest myth in the world of christian fundies. What a joke.

    =====================
    Yep. and likely fewer of them would have been if it weren't for the accident of their births occurring @ a century and a half before Darwin. Most of the founding fathers were of the Enlightenment, the Age of Reason.
    They wouldn' thave BEEN foudnign fathers if it weren't for their questioning the tenets of religion regarding governance and the divine right of monarchs.

    See, the GOTPer's sure are stupid, as are the majority of voters of that fundernut state.

    ReplyDelete
  30. Anonymous4:26 PM

    To the excellent comment made by Barbara Carlson, I would like to add another point as well.

    The propagandists also often work to conflate "democracy" (majority rule, with equality for all) with the "tyranny of the majority", where whoever has any power has all power, and minorities are to be abused and must remain silent.

    This point was made by California Dreamin' and I wanted to emphasize the point.

    ReplyDelete
  31. Anonymous4:35 PM

    And Frothy Ricky thinks states should be able to ban contraception - now, what possible reason could there be for sentencing women to unintended pregnancies besides or pregnancy/STD risky sex other than misogynist Roman Catholic "law?"

    ReplyDelete
  32. Anonymous4:58 PM

    This is random but has Obama always looked emaciated? He's tall and slight, but he literally looks like he could keel over al any moment.

    To compare, Palin is a very petite, short lady at her ideal weight.

    ReplyDelete
  33. Anonymous4:58 PM

    "It isn't about the constitutional matter. It involved emotions within an oppressive culture, a culture that treats women like objects and abuses them."

    Nonsensical ramblings that prove you have absolutely no idea what this is about. The only emotions here are blind fear and bigotry.

    The US population is less than 1% Muslim. How many of those people do you think live in Oklahoma, for pete's sake?

    Oklahoma would be much better taking a good look at it's own history of White terrorism.

    ReplyDelete
  34. Anonymous5:13 PM

    "This is random but has Obama always looked emaciated? He's tall and slight, but he literally looks like he could keel over al any moment.

    To compare, Palin is a very petite, short lady at her ideal weight."

    What the hell?
    You win dumbest comment of the day.

    ReplyDelete
  35. Anonymous5:16 PM

    Can I just ask, how many Americans actually know what "Sharia Law" is?

    ReplyDelete
  36. Anonymous said...

    This is random but has Obama always looked emaciated? He's tall and slight, but he literally looks like he could keel over al any moment.

    To compare, Palin is a very petite, short lady at her ideal weight.

    4:58 PM

    Random huh? Or have you been fantasizing again about the President?

    Baldy....you are so pathetic and nasty minded...I checked my "Breaking the Hillbilly Code" book by "Ima Troll" and according to Chapter 4 titled...."Sexual Terminology of Hillbillies"..."keel over al any moment" means "to be bent over and"...

    Well I can't say the rest because this is a family blog!

    ReplyDelete
  37. Anonymous said...

    This has nothing to do with ruling religions. Most people of faith don't judge others practicing differing religions, contrary to ignorant liberal thinking.

    It's funny you write, "get the eff out" when I say the same thing about people who dislike the wonderful practice of capitalism in favor of economy killing, non-pragmatic socialism.

    3:39 PM

    Don't you get tired of all those voices in your head trying to tell you what to do and say everyday?

    Your sputtering and mewing are really starting to get on my nerves...it doesn't help that you don't know what the fuck you're talking about troll!

    ReplyDelete
  38. Anonymous6:36 PM

    Anonymous said...

    Can I just ask, how many Americans actually know what "Sharia Law" is?
    5:16 PM
    *******
    Well all the RWNJ for sure! I first started hearing about it in 2010 and this is so much Bullshit, what retard believes this?
    It was right after the Park 51 hysteria by what's her name, "Atlas shrugs" cunt pam greer.
    Anyway anyone who believes this crap needs a lobotomy of their limbic brain!

    ReplyDelete
  39. I think @4:17 is onto something. I did some googling about this. I think a lot of the "Sharia-Is-Taking-Over" crowd don't even read the opinions they link to. Or they know even less about the law than I do. The "Sharia opinions" are courts certifying or confirming Sharia arbitration that was agreed to by the plaintiff and defendant. You cannot be forced into Islamic arbitration or mediation against your will. Christians, Jews, Hindus, anyone can decide to settle their disputes in arbitration. And you can decide not to.

    ReplyDelete
  40. Anonymous6:47 PM

    Isn't it amazing how President Obama was boo'd by the Rethugs and the moron Supreme Court Justice Scalia (I believe it was him) made faces and mouthed 'not true' in the State of the Union address when President Obama spoke about the disasterous ruling of the Supreme Court on the Citizen's United matter.

    Now look at the lay of the land. The Rethugs are bitching about the 'Super PACs', the money in campaigns -- all because of that ruling.

    'Be careful what you wish for!' would be a good warning to the Rethugs!!! Things have a habit of coming back and biting you in the ass!!!! And there are some major sized ASSES in the Rethug Party!!! Figuritivly and literally!!!

    ReplyDelete
  41. AJ Billings6:55 PM

    What the evangelica­ls have done is to create a de facto litmus test for Repub candidates at this point by insisting that ONLY fundamentalist Christians are suitable for Presidenti­al office or Congress

    Read Article 6, paragraph 3 of the Consitutio­n of the United States

    "no religious test shall ever be required as a qualificat­ion to any office or public trust under the United States."

    All the fringe right, and Tparty candidates have bought into the same meme of "must be a social conservative to be Tparty material"

    Rick Santorum with his "I'm your Jesus candidate" statement is THE poster child for this.

    There is some subtlety to this ruling that will undoubtedly be passed over by the pastors and rabble rousers in the Okie state, because they don't realize that the Establishment clause trumps whatever local laws they pass.

    If you want to be a State, and join the UNITED STATES, then you fall under the aegis of the Constitution that all the Tparty/Ultra right is always wailing about.

    Golly gee, there's a gol' darn conundrum in there somewhere's, aint' there Jethro?

    ReplyDelete
  42. Hoken7:30 PM

    Bad day for the FCC butt police: Supreme Court Gets Butt-Bombed

    [Seth Waxman is atorney representing ABC who was sanctioned by the FCC for showing bare buttocks on NYPD Blue.]

    Waxman patiently explains to the rapt justices that ABC was never sanctioned for over a dozen NYPD Blue episodes over nine seasons that included bare buttocks. Not until the last one. Arbitrary, bad FCC. Then, he raises his arms, Moses-like, to the glorious friezes that surround the interior of the ceremonial courtroom. And then Waxman points to one sculpted classical stone lawgiver after another as he guides the justices through the fleeting bottoms that pervade their lofty spaces: “There's a bare buttock there, and there's a bare buttock here,” he marvels. “And there may be more that I hadn't seen. But frankly, I had never focused on it before.” To which Justice Antonin Scalia grits out, “Me neither,” while all of the justices gape up at the walls above them, like bemused Muppets on Veterinarian Hospital.

    That’s right, today at the highest court in the land, Seth Waxman dropped the butt-bomb.


    http://www.slate.com/articles/news_and_politics/supreme_court_dispatches/2012/01/supreme_court_and_fcc_s_fleeting_expletives_policy_what_exactly_counts_as_indecent_on_tv_.html

    ReplyDelete
  43. Anita Winecooler7:32 PM

    Barbara Carlson, that's the best analogy I've seen, thanks so much for your post.

    When I heard this on the news, I just KNEW the idjits would be up in arms, because facts confuse them, and this plays into their schtick.

    The comment on the other thread, being repeated in caps over and over again accomplished, what? Made it True?
    For people who hold the constitution as the be all and end all, they have no clue what's written in it, nor what it means.

    The saddest thing, is these people vote!

    The founding fathers had the presence of mind and forethough to make this document a living one, in the sense that it can be amended to change over time.

    If they hadn't, we wouldn't have a lot of rights we enjoy, and we wouldn't have President Obama.

    ReplyDelete
  44. Anonymous5:16 AM

    You missed the ENTIRE point.

    3:36 PM
    &

    It's funny you write, "get the eff out" when I say the same thing about people who dislike the wonderful practice of capitalism in favor of economy killing, non-pragmatic socialism.

    3:39 PM
    &

    So, people who don't want Sharia Law inflicted upon people in this civilized country are ignoramuses, yet you and likeminded souls aren't despite your ignorance regarding what is actually occurring in DC under this President? The truth is there in the open, the deceptions are easily uncovered. Put down the koolaid dear democrats. It's time to stand out for YOUR rights as citizens and stop believing we as citizens are owned by Govt.

    3:43 PM
    &

    Also, an amendment often overlooked, #10. VERY important and one I am sure Obama and democrats abhor.

    3:44 PM
    &
    To compare, Palin is a very petite, short lady at her ideal weight.

    4:58 PM
    --------

    Sit down and shut the fuck up SARAH! No one likes you and everyone is laughing at you! Hahahaha!

    ReplyDelete
  45. Anonymous7:27 AM

    What's the frickin difference between the 10 commandants and Sharia law? Different versions of "law" from different versions of the written word. Separation between church and state is very important to uphold, understand and keep religious nuts in their place. God wanted spiritual fruit not religious nuts.

    ReplyDelete
  46. Don the Bluesman7:36 AM

    Amazing that all of these fools really support Isreal where Jewish law rules the land. Don't forget that chrisitan law allows us to stone women. WTF is wrong with the toad? Why is he letting a woman beat him up? Isn't that against christian law? Oh yeah, todd likes the guys,(pecker whipped instead of pussy whipped).

    ReplyDelete
  47. Can you hear Tommy Coburn and the Mountain Inhoffer squirming in their collective shorts.... Oh woe is me.... I may have to go get a cheeseburger today...

    IF you've never been to Oklahoma, trust me, you have NOT missed anything. Probably one of the most backwards, 1800th century backwaters you'll ever see...REAL ugly...

    ReplyDelete

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