On Election Day, the Oklahoma voters passed an amendment to the Oklahoma Constitution that provides that the “Courts shall not look to the legal precepts of other nations or cultures. Specifically, the Court shall not consider International law or Sharia law,” dictates the amendment.
This amendment is unconstitutional on its face, and a federal judge has issued a preliminary injunction against it pending a hearing on Nov. 22. While the scope of international law that derives from international custom — general principles of law and treaties — is subject to debate, Article IV of the U.S. Constitution — the supremacy clause — provides that treaties “shall be the supreme law of the land.” Moreover, the Oklahoma amendment violates the First Amendment.
