Awad v. Ziriax
| Decision Date | 10 January 2012 |
| Docket Number | No. 10–6273.,10–6273. |
| Citation | 670 F.3d 1111 |
| Parties | Muneer AWAD, Plaintiff–Appellee, v. Paul ZIRIAX, Agency Head, Oklahoma State Board of Elections, Thomas Prince, Chairman of the Board, Oklahoma State Board of Elections, Steve Curry, Board Member, Oklahoma State Board of Elections, and Jim Roth, Board Member, Oklahoma State Board of Elections, Defendants–Appellants.Foundation of Moral Law; The Association of the Bar of the City of New York; The Islamic Law Committee of the American Branch of the International Law Association, The American Jewish Committee, Americans United for Separation of Church and State, The Anti–Defamation League, The Baptist Joint Committee for Religious Liberty, The Center for Islamic Pluralism, Interfaith Alliance, and The Union for Reform Judaism, Amici Curiae. |
| Court | U.S. Court of Appeals — Tenth Circuit |
OPINION TEXT STARTS HERE
Patrick R. Wyrick, Solicitor General (Scott D. Boughton and Janis Wood Preslar, Assistant Attorneys General, on the briefs), Office of the Attorney General of Oklahoma, Oklahoma City, OK, appearing for Appellant.
Micheal Salem, Salem Law Offices, Norman, OK (Joseph Thai, Norman, Oklahoma; Gadeir Abbas, Council of American Islamic Relations, Washington, DC; and Daniel Mach and Heather L. Weaver, American Civil Liberties Union Foundation, Washington, DC, with him on the briefs), appearing for Appellee.
Roy S. Moore, Benjamin D. DuPre, and John Allen Eidsmoe, Montgomery, AL, filed an Amicus Curiae brief on behalf of the Foundation of Moral Law.Robert E. Michael, Robert E. Michael & Associates, PLLC, New York, NY, filed an Amicus Curiae brief on behalf of Association of the Bar of the City of New York and the Islamic Law Committee of the American Branch of the International Law Association.Craig C. Martin, Jenner & Block, LLP, Chicago, IL, and Joshua M. Segal, Jenner & Block, LLP, Washington, DC, filed an Amicus Curiae brief on behalf of American Jewish Committee; Americans United for Separation of Church and State; Anti–Defamation League; Baptist Joint Committee for Religious Liberty; Center for Islamic Pluralism; Interfaith Alliance; and Union for Reform Judaism.
Before O'BRIEN, McKAY, and MATHESON, Circuit Judges.
On November 2, 2010, Oklahoma voters approved a proposed constitutional amendment that would prevent Oklahoma state courts from considering or using Sharia law. Before the amendment can become effective, the Oklahoma State Election Board must certify this election result. The Board members have asked us to review whether a federal district court abused its discretion when it granted a preliminary injunction to prevent them from certifying the result. We conclude there was no abuse of discretion.
We start with an explanation of the constitutional amendment process in Oklahoma and how its courts construe such amendments. The state constitution can be amended in several ways. See Okla. Const. art. 24. We focus on the process used in this case. Under article 24, section 1 of the Oklahoma Constitution,1 the state legislature may pass a proposed constitutional amendment. The legislature also drafts a ballot title that explains the proposed amendment to voters. See Sw. Bell Tel. Co. v. Okla. State Bd. of Equal., 231 P.3d 638, 642 (Okla.2009).
The proposed amendment and ballot title are submitted to the Attorney General to ensure legal compliance. Id. The Attorney General must specify any defects “and, if necessary, ... prepare a preliminary ballot title which complies with the law.” 34 Okla. Stat. tit. 34, § 9(C) (2009). 2 Once certified by the Attorney General, the Secretary of State transmits the proposed measure and ballot title to the Election Board. Sw. Bell, 231 P.3d at 642.
A proposed constitutional amendment therefore “consist[s] of two substantive parts—the measure and the ballot title.” Id. (quotations omitted). When the Oklahoma Supreme Court interprets a state constitutional amendment's meaning, it reads these parts together, regardless of whether there are “ambiguities or absurdities.” Id. It considers the amendment's text and the ballot title together because “those who framed and adopted the amendment considered” both substantive parts. Id. “The understanding of the Legislature as the framers and of the electorate as the adopters of the constitutional amendment is the best guide for determining an amendment's meaning and scope, and such understanding is reflected in the language used in the measure and the ballot title.” Id.
Oklahoma law provides that the Election Board must certify election results before a constitutional amendment can take effect. See Okla. Const. art. 5, § 3; Okla. Stat. tit. 26, §§ 7–136, 12–118; Fent v. Henry, 257 P.3d 984, 986 (Okla.2011). The State Election Board Rules provide that “[t]he State Election Board meets at 5 p.m. on Tuesday next following an election involving ... state questions to certify the final election results.” § 230:35–3–91(c).
On May 25, 2010, the Oklahoma House of Representatives and Senate passed House Joint Resolution 1056 (“HJR 1056”). The resolution directed “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 [Oklahoma] Constitution ... [known as] the Save Our State Amendment.” Aplt.App. Vol. 1 at 167. The proposed amendment states:
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 law 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.
Id. at 168 (emphases added).
HJR 1056 also provided that the ballot title should state:
This measure amends the State Constitution. It would change a section that deals with courts of this state. It would make courts rely on federal and state laws when deciding cases. It would forbid courts from looking at international law or Sharia Law when deciding cases.
Id. at 169 (italic emphasis added).
The Oklahoma Attorney General determined that the proposed ballot title did “not comply with applicable laws.” Id. at 175. It did “not adequately explain the effect of the proposition because it [did] not explain what either Sharia Law or international law is.” Id. The Attorney General prepared a revised ballot title, which states:
This measure amends the State Constitution. It changes a section that deals with the courts of this state. It would amend Article 7, Section 1. It makes courts rely on federal and state law when deciding cases. It forbids courts from considering or using international law. It forbids courts from considering or using Sharia Law.
International law is also known as the law of nations. It deals with the conduct of international organizations and independent nations, such as countries, states and tribes. It deals with their relationship with each other. It also deals with some of their relationships with persons.
The law of nations is formed by the general assent of civilized nations. Sources of international law also include international agreements, as well as treaties.
Sharia Law is Islamic law. It is based on two principal sources, the Koran and the teachings of Mohammed.3
SHALL THE PROPOSAL BE APPROVED?Id. at 178–79 (italic emphases added). The Attorney General refrained from giving any opinion “on the merits or constitutionality of the underlying proposed changes in the law, [or] on the ability of federal law to preempt the changes in the law.” Id. at 178.
This revised ballot title was placed on the ballot as State Question 755 (“SQ 755”). On November 2, 2010, just over 70 percent of Oklahoma voters approved SQ 755. Without intervention, the proposed amendment would likely have been certified on November 9, 2010. See Okla. State Board Election Rule § 230:35–3–91(c).
On November 4, 2010, Muneer Awad sued the members of the Oklahoma Election Board (collectively the “Appellants”). He sought to prevent certification of the SQ 755 election results. Mr. Awad, an American citizen residing in Oklahoma, is the executive director of the Oklahoma Chapter of the Council on American–Islamic Relations. As a Muslim, he adheres to the religious principles from the Koran and the teachings of Mohammed.
Mr. Awad alleges that the Save Our State Amendment violates his rights under both the Establishment and Free Exercise Clauses of the First Amendment of the United States Constitution. He objects to the amendment's singling out his religion for negative treatment. He claims the amendment's implementation would cause multiple adverse consequences, such as stigmatizing him and others who practice the Muslim faith, inhibiting the practice of Islam, disabling a court from probating his last will and testament (which contains references to Sharia law), limiting the relief Muslims can obtain from Oklahoma state courts, and fostering excessive entanglement between the government and his religion.
The district court granted a temporary restraining order on November 9, 2010. On November 22, 2010, the court conducted an evidentiary hearing regarding Mr. Awad's request for a preliminary injunction. It granted the preliminary injunction one week later. See Awad v. Ziriax, 754 F.Supp.2d 1298, 1308 (W.D.Okla.20...
To continue reading
Request your trial
-
Int'l Refugee Assistance Project v. Trump
...Moss v. Spartanburg Cty. Sch. Dist. Seven , 683 F.3d 599, 607 (4th Cir. 2012) ; see Suhre , 131 F.3d at 1086 ; Awad v. Ziriax , 670 F.3d 1111, 1122–23 (10th Cir. 2012) (holding that a Muslim plaintiff residing in Oklahoma suffered a cognizable injury in the form of condemnation of his relig......
-
Gardner v. Schumacher
...or she must show that the "threatened injury outweighs any injury to [non-movants] caused by granting the injunction." Awad v. Ziriax, 670 F.3d 1111, 1131 (10th Cir. 2012). Dr. Gardner argues that "[a]llowing Plaintiff to continue to practice dentistry will not harm Defendants. Defendants h......
-
Doe v. Madison Metro. Sch. Dist.
...on-going infringement of a constitutional right enough and require no further showing of irreparable injury. See e.g., Awad v. Ziriax, 670 F.3d 1111, 1131 (10th Cir. 2012). We should do so as well.¶94 Fourth, the balance of equities favors the parents, who are ready, willing and able to par......
-
VoteAmerica v. Schwab
...96 S.Ct. 2673, 49 L.Ed.2d 547 (1976) ); Heideman v. S. Salt Lake City, 348 F.3d 1182, 1190 (10th Cir. 2003) ; see also Awad v. Ziriax, 670 F.3d 1111, 1131 (10th Cir. 2012) ("[W]hen an alleged constitutional right is involved, most courts hold that no further showing of irreparable injury is......
-
Bad Moon Rising: The Sharia Law Bans
...Bill 2064, which is based in part on ALAC but is less comprehensive than the bills passed in Louisiana 100. Id. 101. See Awad v. Ziriax, 670 F.3d 1111 (10th Cir. 2012). 102. See infra notes 107–09 and accompanying text. 103. Am. Pub. Policy Alliance, Legislation > American Laws for American......