754 F. Supp. 2d 1298
W.D. Okla.2010Background
- Federal action challenging State Question 755, a ballot amendment banning courts from considering international law or Sharia Law in Oklahoma, based on the will of the voters.
- Plaintiff Awad, a Muslim Oklahoma resident, asserts the amendment violates the Establishment and Free Exercise Clauses.
- The measure was enacted via Enrolled House Joint Resolution 1056 and approved by 70.08% of voters, becoming part of the Oklahoma Constitution upon certification.
- Plaintiff seeks a preliminary injunction to prevent certification of the election results pending merits adjudication.
- The court finds standing and ripeness before addressing the merits, and ultimately grants a preliminary injunction.
- Hearing held November 22, 2010; court’s ruling based on pleadings and evidence submitted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Establishment Clause challenge viability | Awad argues the amendment endorses religion by disfavoring Islam. | Ziriax et al. contend neutral secular purpose and no endorsement. | Likelihood of success on Establishment Clause shown. |
| Free Exercise Clause impact viability | Awad asserts the amendment targets his religious practices. | Defendants argue neutrality and general applicability. | Likelihood of success on Free Exercise Clause shown. |
| Standing requirement satisfaction | Awad suffers concrete injury via condemnation of his faith and potential will probate issues. | Defendants contend no injury in fact. | Plaintiff has standing. |
| Ripeness of the controversy | Case ripe since certification will enact the amendment. | Contingent future event; not ripe. | Action is ripe for judicial resolution. |
| Public interest balance and injunctive relief | Injury to constitutional rights outweighs public interest in will of voters. | Public interest favors deferring until merits decided. | Injunction granted to prevent certification pending merits. |
Key Cases Cited
- West Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624 (U.S. 1943) (rights not to be voted away by majorities)
- Valley Forge Christian College v. Americans United for Separation of Church and State, 454 U.S. 464 (U.S. 1982) (injury and standing considerations in religious freedom cases)
- Church of the Lukumi Babalu Aye v. Hialeah, 508 U.S. 520 (U.S. 1993) (neutral and generally applicable analysis for Free Exercise)
- Mitchell v. Helms, 530 U.S. 793 (U.S. 2000) (court should refrain from excessive entanglement with religion)
- G & V Lounge, Inc. v. Mich. Liquor Control Comm'n, 23 F.3d 1071 (6th Cir. 1994) (public interest in preventing violation of constitutional rights)
- O Centro Espirita Beneficiente Uniao Do Vegetal v. Ashcroft, 389 F.3d 973 (10th Cir. 2004) ( heightened scrutiny for disfavored injunctions; standard applied in this context)