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coadie 11-05-2010 06:57 AM

OKlahoma voters reject foreign laws
 
Muslims rise up



Quote:

Just two days after Oklahoma voters approved a ballot measure banning state courts from considering Islamic or international law when ruling on cases, a local Muslim has filed a federal lawsuit saying the measure is unconstitutional.
Looks like Muslims males feel that they should be protected if their ex wife needs to be punished using force or even raped.

Quote:

Proponents of the anti-Islamic law measure have cited a New Jersey family court judge's decision not to grant a restraining order to a woman who was sexually abused by her Moroccan husband and forced repeatedly to have sex with him.

The judge ruled that her ex-husband felt he had behaved according to his Muslim beliefs and that he did not have "criminal desire to or intent to sexually assault" his wife.
It seems some liberal judges in Arizona listen to whining from Mexico regarding immigration law fairness.

Twisp 11-05-2010 08:15 AM

Re: OKlahoma voters reject foreign laws
 
Well, the Oklahoman measure was unconstitutional. It should be overturned.

coadie 11-05-2010 09:31 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Twisp (Post 983712)
Well, the Oklahoman measure was unconstitutional. It should be overturned.

The Oklahoma constitution does have constitutional ways to make ammendments and this one was done correctly.

I take it a Muslim should have a right to beating up his ex wife if she deserved it. Twisp is all for rights according to Islam.
Twisp apparently thinks Muslims should be able to do their stonings in front of the Mosque on Fridays.

8621 S Memorial Dr · Tulsa

Actually Twisp makes a common leftist claim. When a politician or judge takes an oath of office, they vow to defend the laws of their state.

Twisp says they should swear that oath and then ignore it.

Jermyn Davidson 11-05-2010 10:03 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Twisp (Post 983712)
Well, the Oklahoman measure was unconstitutional. It should be overturned.

???

:(

berkeley 11-05-2010 10:07 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Jermyn Davidson (Post 983745)
???

:(

My sentiments. But, you see, if we don't allow the Muslims to beat and rape their wives... someday soon Christians will not be able to practice their freedom of religion.. :-/

Jermyn Davidson 11-05-2010 10:10 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Berkley (Post 983750)
My sentiments. But, you see, if we don't allow the Muslims to beat and rape their wives... someday soon Christians will not be able to practice their freedom of religion.. :-/


:blink

:groan

scotty 11-05-2010 10:11 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Berkley (Post 983750)
My sentiments. But, you see, if we don't allow the Muslims to beat and rape their wives... someday soon Christians will not be able to practice their freedom of religion.. :-/

So Christian cults who believe in polygamy and child sex and etc. etc. etc. should be given that right also ?

I believe the KKK bases their beliefs on the bible also, hmmmm.

Jermyn Davidson 11-05-2010 10:11 AM

Re: OKlahoma voters reject foreign laws
 
Common sense just aint that common anymore.

Twisp 11-05-2010 10:20 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Jermyn Davidson (Post 983745)
???

:(

Yes, the Oklahoman measure that was voted on specifically bans the application of Islamic law and orders judges in the state to rely only on federal law when deciding cases. That is is in direct violation of "Congress shall make no law respecting an establishment of religion".

The 1st amendment separates church from state already, so there was no need for this measure. The fact that is specifically targets Islam makes it unconstitutional.

scotty 11-05-2010 10:22 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Twisp (Post 983766)
Yes, the Oklahoman measure that was voted on specifically bans the application of Islamic law and orders judges in the state to rely only on federal law when deciding cases. That is is in direct violation of "Congress shall make no law respecting an establishment of religion".

The 1st amendment separates church from state already, so there was no need for this measure. The fact that is specifically targets Islam makes it unconstitutional.

So how do they decide which to uphold ? Do you charge the man with assault for beating his wife or let him go because its his religion ?

berkeley 11-05-2010 10:23 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by scotty (Post 983755)
So Christian cults who believe in polygamy and child sex and etc. etc. etc. should be given that right also ?

I believe the KKK bases their beliefs on the bible also, hmmmm.

Naw, that's just the argument I've heard over and over again. Allow the muslims exteme rights or our rights will be taken away.... when in reality, our rights are being taken away and the nut job muslims are gaining acceptance just as fast, if not faster than the homosexual community.

Rights for everyone who is NOT a real christian.

Twisp 11-05-2010 10:32 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by scotty (Post 983770)
So how do they decide which to uphold ? Do you charge the man with assault for beating his wife or let him go because its his religion ?

Considering an appeals court overturned the New Jersey case, I think they have already said that government laws overrule religious laws. The appellate court said that "the husband’s religious beliefs were irrelevant and that the judge, in taking them into consideration, “was mistaken.”"

So, that is not really an issue. Government law trumps religious law, in that case at least. The same would apply to all faiths.

http://mogallant.wordpress.com/2010/...onsensual-sex/

MissBrattified 11-05-2010 10:34 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Twisp (Post 983766)
Yes, the Oklahoman measure that was voted on specifically bans the application of Islamic law and orders judges in the state to rely only on federal law when deciding cases. That is is in direct violation of "Congress shall make no law respecting an establishment of religion".

The 1st amendment separates church from state already, so there was no need for this measure. The fact that is specifically targets Islam makes it unconstitutional.

Actually, Sharia law was used as an example, but technically the bill only pinpoints using "International law" to decide cases. Ergo, the bill itself does not target Islam.

Baron1710 11-05-2010 10:37 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Twisp (Post 983779)
Considering an appeals court overturned the New Jersey case, I think they have already said that government laws overrule religious laws. The appellate court said that "the husband’s religious beliefs were irrelevant and that the judge, in taking them into consideration, “was mistaken.”"

So, that is not really an issue. Government law trumps religious law, in that case at least. The same would apply to all faiths.

http://mogallant.wordpress.com/2010/...onsensual-sex/

Ummm you might argue that the law is unnecessary but surely you are not trying to say it is unconstitutional. It is not unconstitutional to define the laws that a court would use to unless it was contrary to constitutional law.

Twisp 11-05-2010 10:42 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Baron1710 (Post 983781)
Ummm you might argue that the law is unnecessary but surely you are not trying to say it is unconstitutional. It is not unconstitutional to define the laws that a court would use to unless it was contrary to constitutional law.

Yes, the Oklahoma law is unconstitutional. It clearly specifies a particular type of religion that it is banning. By doing that it is clearly contrary to constitutional law, namely, the 1st amendment.

Had the law simply banned the application of ANY religious laws in regards to federal or state cases, it would be fine, since it is just elaborating on the 1st amendment. But, you cannot put a redundant law on the books that so clearly goes against another law.

coadie 11-05-2010 10:45 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Twisp (Post 983788)
Yes, the Oklahoma law is unconstitutional. It clearly specifies a particular type of religion that it is banning. By doing that it is clearly contrary to constitutional law, namely, the 1st amendment.

Had the law simply banned the application of ANY religious laws in regards to federal or state cases, it would be fine, since it is just elaborating on the 1st amendment. But, you cannot put a redundant law on the books that so clearly goes against another law.

So much for the cannibals that come over and want to snack on kids meals litterally. It is legal in their religion.

Twisp is twisting in the wind again.

Twisp 11-05-2010 10:48 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by MissBrattified (Post 983780)
Actually, Sharia law was used as an example, but technically the bill only pinpoints using "International law" to decide cases. Ergo, the bill itself does not target Islam.

That is silly. It specifically mentions Sharia law twice on the measure ballot. By specifying a religion, it clearly violates the 1st amendment rule of "Congress shall make no law respecting an establishment of religion".

http://ballotpedia.org/wiki/index.ph...ion_755_(2010)

MissBrattified 11-05-2010 10:49 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Twisp (Post 983788)
Yes, the Oklahoma law is unconstitutional. It clearly specifies a particular type of religion that it is banning. By doing that it is clearly contrary to constitutional law, namely, the 1st amendment.

Had the law simply banned the application of ANY religious laws in regards to federal or state cases, it would be fine, since it is just elaborating on the 1st amendment. But, you cannot put a redundant law on the books that so clearly goes against another law.

What law does it go against?

I can see "redundant", although it never hurts to clarify things. But how is it unconstitutional? It would be like passing a law that says you're not allowed to use the Ten Commandments to prove a case in court! How would THAT be unconstitutional, and how is it different from what happened here?

Baron1710 11-05-2010 10:49 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Twisp (Post 983788)
Yes, the Oklahoma law is unconstitutional. It clearly specifies a particular type of religion that it is banning. By doing that it is clearly contrary to constitutional law, namely, the 1st amendment.

Had the law simply banned the application of ANY religious laws in regards to federal or state cases, it would be fine, since it is just elaborating on the 1st amendment. But, you cannot put a redundant law on the books that so clearly goes against another law.

Your not making sense. If it is redundant then it can't also be unconstitutional. It does not ban religion.

MissBrattified 11-05-2010 10:52 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Twisp (Post 983793)
That is silly. It specifically mentions Sharia law twice on the measure ballot. By specifying a religion, it clearly violates the 1st amendment rule of "Congress shall make no law respecting an establishment of religion".

Twisp:

What appeared on the ballot was an explanation for voters. It isn't necessarily the same as what will appear in the books. :rolleyes2

Summary of the measure reads:

"A Joint Resolution direction the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 1 of Article VII of the Constitution of the State of Oklahoma; creating the Save Our State Amendment; requiring the courts of this state to uphold and adhere to the law as provided in federal and state constitutions, established common law, laws, rules and regulations; prohibiting consideration of certain laws; providing ballot title; and directing filing."

It requires that courts rely ONLY on federal and state laws to determine cases.

Please tell me how that is unconstitutional.

Baron1710 11-05-2010 10:52 AM

Re: OKlahoma voters reject foreign laws
 
"The Courts provided for in subsection A of this section, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Oklahoma Constitution, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules promulgated pursuant thereto, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia Law, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international or Sharia Law. The provisions of this subsection shall apply to all cases before the respective courts including, but not limited to, cases of first impression."

Twisp 11-05-2010 10:55 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by MissBrattified (Post 983794)
What law does it go against?

I can see "redundant", although it never hurts to clarify things. But how is it unconstitutional? It would be like passing a law that says you're not allowed to use the Ten Commandments to prove a case in court! How would THAT be unconstitutional, and how is it different from what happened here?

Actually, it does hurt to clarify things. The 1st amendment states that "Congress shall make no law respecting an establishment of religion".

What is the law doing by specifying Islamic Law?

MissBrattified 11-05-2010 10:56 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Baron1710 (Post 983798)
"The Courts provided for in subsection A of this section, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Oklahoma Constitution, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules promulgated pursuant thereto, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia Law, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international or Sharia Law. The provisions of this subsection shall apply to all cases before the respective courts including, but not limited to, cases of first impression."

My mistake; I didn't realize that Sharia was specifically mentioned. Regardless, the meaning is still the same, and it generalizes with "international." I don't see how this would be any different from banning the Bible being used to decide court cases.

Twisp 11-05-2010 10:56 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Baron1710 (Post 983795)
Your not making sense. If it is redundant then it can't also be unconstitutional. It does not ban religion.

You didn't read my post. I said that if it did not specify a religion, THEN it would be a redundant law. This DOES specify a religion, thereby not being redundant but unconstitutional.

MissBrattified 11-05-2010 10:57 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Twisp (Post 983800)
Actually, it does hurt to clarify things. The 1st amendment states that "Congress shall make no law respecting an establishment of religion".

What is the law doing by specifying Islamic Law?

Congress isn't showing preference to any religion with this law. In fact, they are making sure that preference CAN'T be shown in any case.

Baron1710 11-05-2010 10:57 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Twisp (Post 983803)
You didn't read my post. I said that if it did not specify a religion, THEN it would be a redundant law. This DOES specify a religion, thereby not being redundant but unconstitutional.

No it does not, it specifies Sharia law not a religion.

Twisp 11-05-2010 10:58 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Baron1710 (Post 983798)
"The Courts provided for in subsection A of this section, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Oklahoma Constitution, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules promulgated pursuant thereto, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia Law, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international or Sharia Law. The provisions of this subsection shall apply to all cases before the respective courts including, but not limited to, cases of first impression."


Quote:

Originally Posted by MissBrattified (Post 983801)
My mistake; I didn't realize that Sharia was specifically mentioned. Regardless, the meaning is still the same, and it generalizes with "international." I don't see how this would be any different from banning the Bible being used to decide court cases.

And that is the unconstitutional part.

Twisp 11-05-2010 11:01 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Baron1710 (Post 983805)
No it does not, it specifies Sharia law not a religion.

Sharia law is a religious law. It would be the same as if they said they could consider the Ten Commandments when making decisions.

Twisp 11-05-2010 11:02 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by MissBrattified (Post 983804)
Congress isn't showing preference to any religion with this law. In fact, they are making sure that preference CAN'T be shown in any case.

But they are specifically stating it against Sharia Law, a religious law. The 1st amendment does not allow them to do that.

Baron1710 11-05-2010 11:03 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Twisp (Post 983811)
Sharia law is a religious law. It would be the same as if they said they could consider the Ten Commandments when making decisions.

No it would be the same as if they said they COULDN'T use the 10 commandments.

Baron1710 11-05-2010 11:04 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Twisp (Post 983811)
Sharia law is a religious law. It would be the same as if they said they could consider the Ten Commandments when making decisions.

That is not a law respecting the establishment of religion or prohibiting the free exercise thereof.

coadie 11-05-2010 11:05 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Twisp (Post 983815)
But they are specifically stating it against Sharia Law, a religious law. The 1st amendment does not allow them to do that.

Fortunately the oath of holding offices is to defend our laws. It is illegal to shove sharia a religious law down our throats.

MissBrattified 11-05-2010 11:06 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Twisp (Post 983811)
Sharia law is a religious law. It would be the same as if they said they could consider the Ten Commandments when making decisions.

Twisp! It would NOT be the same; it would be the same if they passed a law stating that courts could NOT consider the Ten Commandments when making decisions. It's just a reassurance to voters, basically, that courts are going to be fair and NOT allow religion - or international law (even or maybe especially when that law is based on religion) to influence decisions.

Twisp 11-05-2010 11:06 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Baron1710 (Post 983817)
No it would be the same as if they said they COULDN'T use the 10 commandments.

That is what I meant. Darn that apostrophe and t button for hiding.

Twisp 11-05-2010 11:10 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by MissBrattified (Post 983821)
Twisp! It would NOT be the same; it would be the same if they passed a law stating that courts could NOT consider the Ten Commandments when making decisions. It's just a reassurance to voters, basically, that courts are going to be fair and NOT allow religion - or international law (even or maybe especially when that law is based on religion) to influence decisions.

That is what I meant. Just couldn't stretch far enough for that apostrophe and T button.

It would be the same thing, and Christians would be up in arms about it if that were ever tried.

Reassurance or not, you must see how it violates the 1st amendment.

Why is it okay to skirt constitutional law when it comes to Islam?

MissBrattified 11-05-2010 11:10 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Twisp (Post 983815)
But they are specifically stating it against Sharia Law, a religious law. The 1st amendment does not allow them to do that.

Sharia law is a set of laws rooted in a religion; therefore it is even more inappropriate for courts to use than say, French laws.

The first amendment does not prevent congress from specifying that they will not use religion to determine cases. If you were correct and Sharia was a "religion", then the law has even MORE clout, because it is most certainly unconstitutional to use any religion's precepts to determine a court case.

MissBrattified 11-05-2010 11:11 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Twisp (Post 983828)
That is what I meant. Just couldn't stretch far enough for that apostrophe and T button.

It would be the same thing, and Christians would be up in arms about it if that were ever tried.

So courts can presently use the Ten Commandments to decide cases? When was that decision handed down?

Quote:

Reassurance or not, you must see how it violates the 1st amendment.

Why is it okay to skirt constitutional law when it comes to Islam?
Absolutely not. I don't see how it violates the first amendment whatsoever; rather, I see how it reinforces it.

Baron1710 11-05-2010 11:11 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by Twisp (Post 983828)
That is what I meant. Just couldn't stretch far enough for that apostrophe and T button.

It would be the same thing, and Christians would be up in arms about it if that were ever tried.

Reassurance or not, you must see how it violates the 1st amendment.

Why is it okay to skirt constitutional law when it comes to Islam?

People might throw a fit but I would expect the courts to uphold such a law because it neither prefers nor prohibits religious practice.

coadie 11-05-2010 11:13 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by MissBrattified (Post 983833)
So courts can presently use the Ten Commandments to decide cases? When was that decision handed down?



Absolutely not. I don't see how it violates the first amendment whatsoever; rather, I see how it reinforces it.

Thou shalt not kill or steal are in state and federal laws. They are enfocred because the legislatures and lawmaking groups wrote them into lay.

Twisp is very desparate.

Twisp 11-05-2010 11:14 AM

Re: OKlahoma voters reject foreign laws
 
Quote:

Originally Posted by MissBrattified (Post 983833)
So courts can presently use the Ten Commandments to decide cases? When was that decision handed down?



Absolutely not. I don't see how it violates the first amendment whatsoever; rather, I see how it reinforces it.

Soooo, when the 1st amendment says,"Congress shall make no law respecting an establishment of religion"...

and you then have a law that is clearly against an establishment of religion...

you are telling me that is not in violation? LOL


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