Readers may recall my prior work on tracking efforts to ban state courts from using or referencing foreign law, and specifically Sharia law, in the U.S. While it wasn’t the first, Oklahoma’s effort approved by voters was notable in that it specifically targeted sharia law. That targeting lead to federal courts striking down the constitutional amendment as discrimination based on religion. The operative portions of the Oklahoma constitutional amendment were
The Courts…shall uphold and adhere to…the law of another state of the United States provided the law of the other state does not include Sharia Law…Specifically, the courts shall not consider international law or Sharia Law.
An Oregon state senator, however, has effectively reintroduced the Oklahoma ban as a statute. Oregon SB 176 of 2015 reads in its entirety.
A court of this state may not consider Sharia law in making judicial decisions.
SB 176 has been prefiled for the 2015 session set to come in on February 2.