Dispatches from the Creation Wars

Nearly 70% of voters in Oklahoma voted to prevent something that has never happened in that state and almost certainly never would, the imposition of Sharia law by a court in that state.

This reminds me of the story of the guy who walked around slapping two tin cans together. Someone asked him why he did that and he said it was to prevent him from being raped by aliens. And he was sure it worked because he hadn’t yet been raped by an alien. Hard to argue with that kind of logic.

Reaction from legal experts is predictable:

There has never been a previous case in the state in which Sharia law was applied, said Rick Tepker, the first member of the University of Oklahoma School of Law faculty to try a case before the U.S. Supreme Court.

Tepker called the passage of the measure “a mess” with implications unknown until a case that challenges it arises.

“Many of us who understand the law are scratching our heads this morning, laughing so we don’t cry,” he said. “I would like to ´╗┐see Oklahoma politicians explain if this means that the courts can no longer consider the Ten Commandments. Isn’t that a precept of another culture and another nation? The result of this is that judges aren’t going to know when and how they can look at sources of American law that were international law in origin.”

Yes, the referendum also prohibits the use of international law. That should be lots of fun when a court has to refer to the laws of another nation in a contract case involving companies from two different countries. Or when a judge tries to refer to the British common law in a tort case, as courts do every day because much of modern tort law is based on the common law.

This is what happens when you let morons write your laws for you.